Can I get my misdemeanor domestic violence charge removed from my record?

Question

I have been convicted of misdemeanor domestic violence. I never went to jail for it. Is there a way to get the charge removed from my record or changed so I can join the army? or some kind of expungement?

Eric Chandler · Answer

You can apply for a pardon or move the Court to set aside the conviction.  In Nebraska, an expungement is only available when the charge ends up being dismissed.

Roianne Houlton Conner · Answer

Alabama does not have an enpungment statute.

Eric Schurman · Answer

Yes.

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

My first advice would be to obtain an attorney to assist you with this  matter.  You may be eligible to expunge that prior conviction. Expunging a crime in  Michigan is complicated. This response does not contain specific legal advice.   If you need specific legal advice for your own circumstances, I  recommend  consulting with an attorney experienced with these types of  matters. Most  attorneys provide free initial consultations.   Speaking in  general terms, there are several significant obstacles to getting   offenses expunged in Michigan.   Expunging  a criminal charge is great way of clearing up past mistakes. However,   there are a series of obstacles. First, an applicant must only have one,   single, count or charge, whether it's a misdemeanor or felony. If a  person has  more than one conviction on their record, whether it was  multiple counts from  the original case, or separate convictions, they  are not eligible. Second,  certain offenses cannot be expunged. Traffic  offenses for example, even  something as simple as driving on a suspended license,  a lot of high level or  capital felonies, and other  offenses as listed in the applicable statutes,  cannot be expunged. It  depends on which offense is currently on the person's  record.  Additionally, even if a person only had one offense, if they had issues   with probation, i.e., probation violations or other infractions while serving  their sentence, that may be obstacle  as well. There is also a time limitation.  Any effort to expunge an offense  cannot commence until five years after the  date of conviction.  Lastly,  expunging an offense from a criminal record takes  time, requires a lot of paperwork, carries some notable costs,  and eventually,  applicants need to appear before a judge and convince  the judge that they are  worthy of having the offense expunged in order  to complete the process.   Please consult with and retain a criminal defense attorney, preferably an  experienced one who has handled these matters, to assist you with the process.  Most attorneys offer a free initial consultation.    J

Jared Austin · Answer

As long as you have waited at least five years and there is no other charge of any kind on your record, then you can apply for an expungement. Seek out an expungement attorney for more details.

Michael J. Breczinski · Answer

Yes were you offered consideration under the domestic violence statute? First time offenders may be able to keep it off their record if the judge and prosecutor let them use a certain statute where they go to anger management classes and if completed have no record. There is also a statute for expungement but there is a 5 year waiting period.  Talk to an attorney there may be other options.

Craig Elhart · Answer

After 5 years from conviction you could motion the Court where the conviction occurred for an expungement.

Jonathan Willett · Answer

Hello-  You can challenge the conviction if it is still within 18 months.  If the disposition was a deferred judgment, you can have it sealed.  Otherwise, there is no way to have it undone except by pardon by the governor.

Andrew Subin · Answer

You will be eligible for expungement after 5 years.

Michael Garber · Answer

You can petition for an expungement. The D.A. could object or agree. If he agrees the court will enter a judgment expunging the arrest. If the D.A. objects you can have a hearing and the judge will decide.

Christopher McCann · Answer

If you were convicted of misdemeanor domestic violence, once you are off probation, you can petition the court for a dismissal under Penal Code 1203.4. This is referred to as an expungement. The fact that you had a conviction and an expungement, however, will still be on your criminal history. You can deny it to most private employers, but there are exceptions for government and law enforcement jobs. It is also likely that you would have to disclose it to the military as well.

Leonard Harden · Answer

651:5 sets forth rules for annulments.  For a misdemeanor it is 3 yrs after everything is done.

Thomas Tomko · Answer

Thank you for your inquiry  To be eligible to enter military service, you need to be off probation for the offense.  Then it is up to the army if they take you with the conviction.  Expungement is available after 5 years.  However, the military will still know about the offense and you'll need to explain even with an expungement  I hope that this was helpful.

Cynthia Henley · Answer

If you were convicted or even if you received a deferred adjudication probation, then the charge and outcome will remain on your record. If the case was dismissed, then you can get it expunged.

James Schoenberger · Answer

Expungement for a misdemeanor can only happen three years after all conditions of the sentence have been met.  Most misdemeanors will not preclude service in the armed forces, check with your recruiter.

Timothy Klisz · Answer

Yes, if it is your only conviction ever, and it is over 5 years old.

Stephen Freeborn · Answer

If it's a conviction, most likely you will not be able to do so, as it is a crime of violence against another person.  The only way to really answer your question would be to examine the sentencing documents.  It is possible in some circumstances that a court may allow you to withdraw your plea and convert it to a deferred sentence(depending upon your criminal history). Consult with an attorney.

Jared Altman · Answer

No. I'm sorry. There is no expungement in New York.

Terry Nelson · Answer

Removed?  No.  Expunged?  Maybe.    You need to talk to your Recruiter to see if expungement will allow you to enlist.  Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, only if there was no felony prison time sentenced, and if it was not for certain listed sexual crimes against minors, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.  If successful, the conviction would be withdrawn and the charges dismissed.  Expungement does not clear,  'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment.  When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged.  However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc.

Paul J. Wallin · Answer

If you are no longer on probation you can seek a 1203.4 motion to expunge your record.

Jason Overton · Answer

No - you can't get a concealed weapon permit either.

Jeff Yeh · Answer

Yes, but you first need to successfully complete probation, and you must not be on any new probation, or have any criminal matter(s) pending. Contact a lawyer about the petition for expungement.

Eric Rothstein · Answer

No. NY does not expunge. The best you can do is Relief From Civil Disabilities.

Geoffrey MacLaren Yaryan · Answer

You can have it expunged and removed for some purposes. The police and the courts will be aware of it, but private employers will not. Also, governmental employers will have access to it and if you apply for any license it  will be  visible to those granting the license. The Army  will be aware of it unfortunately, even if it is expunged.

Dennis Roberts · Answer

Please Google California Penal Code and look at Sec 1203.4.  That is the expungement  statute.

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Can I get my misdemeanor domestic violence charge removed from my record?

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