Can I get my Domestic Violence charge off my record? 13 Answers as of June 13, 2013

My first time ever getting in trouble I get off probation in March 2013. Me and my brother got into an argument and he spit on the back of my head and I went to push him away and then he threw me on the ground. I called the police and I got arrested because he said I went after him first and didn't tell them he spit on me first! And if it can be expunged how long would I have to wait?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Consult an attorney.
Answer Applies to: Georgia
Replied: 11/25/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You will have to wait 5 years for it to be expunged.
Answer Applies to: Michigan
Replied: 11/9/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
You must wait until you have paid all of the fines/ fees associated with your court conviction and AFTER your probation has been terminated. However, you can file a separate motion for Early Termination of Probation.
Answer Applies to: California
Replied: 11/8/2012
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
If it was your first offense, often you are offered a diversion program for DV charges so that they do not appear on your public record. Otherwise, you would have to wait five years to apply to have it set aside.
Answer Applies to: Michigan
Replied: 11/8/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
If you pled guilty you must wait 7 years.
Answer Applies to: Nevada
Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    New York does not have an expungement statute, but some states do. You cannot erase a conviction in New York but you may be able to have it sealed or get a Certificate of Relief from Disabilities to get certain jobs that would otherwise be unavailable. That is why you have to avoid arrests and retain a good criminal lawyer if you are arrested to get the case dismissed or reduced to a violation.
    Answer Applies to: New York
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Was it a felony or misdemeanor?
    Answer Applies to: Washington
    Replied: 6/13/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If the case is dismissed, you can file to expunge the record of the arrest and the charge immediately.
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted and got probation, you cannot get this expunged from your record. ?If you got some form of expungeable probation, (some states may have that as an alternative to a conviction), you may want to see the Clerk of the Court in the location of where the court case was handled, and find out if you are eligible to expunge it, or at least, get the case sealed so no one but court or law enforcement authorities can see it.
    Answer Applies to: Illinois
    Replied: 11/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your not eligible to have a charge removed or expunged in Nebraska. The best you can do is a "set aside" or a "pardon".
    Answer Applies to: Nebraska
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Whether or not you can, may be determined by the conditions set forth in your sentencing order. I would suggest starting there. Assuming that it is subject to expungement, you have to wait until after you have completed all of your probation obligations and then wait an additional 5 years beyond that and during that time, have no violations of the law in any state. Having said all this, crimes of violence are generally very difficult to have removed from your record. My suggestion: review your sentencing order and then consult with an attorney.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Adam C. Essling Attorney At Law | Adam C. Essling
    If you were under 25 at the time of the offense you should be eligible. Technically the issue should have been addressed at sentencing. You will need to file a motion and ask that expungement occur upon successful completion of probation.
    Answer Applies to: Wisconsin
    Replied: 11/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Until you have successfully completed probation, usually 3 years after conviction.
    Answer Applies to: California
    Replied: 11/6/2012
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