QUESTION

Can you get an exspunged crime taken completely off your record?

Asked on Feb 05th, 2014 on Criminal Law - Iowa
More details to this question:
My wife has an exspundged charge for domestic abuse on her record and is trying to get into the army. A domestic abuse charge automatically disqualifies you from this. So we are wondering if we hire an attorney if it is possible to get this charge taken completely off her record or reversed.
Report Abuse

1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
Update Your Profile
Federal law prevents a person convicted of domestic abuse from handling firearms.  You correctly state that the military will not normally allow a person convicted of domestic abuse to enter service due to the restriction. However, you state that your wife's charge was expunged.  I'm not sure what you mean by expunged.  Iowa law only allows certain offenses to be expunged- minor in possession of alcohol for example.  If you meant that your wife had a deferred judgment then she did not have a conviction if she completed probation successfully.  She never had a judgment and sentence and thus no conviction.  She would be eligible to handle weapons.  However, there would not be an expungement or a need for expungement.  The arrest will remain showing on the state records, and cannot be removed.  An arrest without conviction, though, should not trigger the federal law, if the case was resolved with a deferred judgment. If your wife was convicted, there is no way under current Iowa law to expunge her record if the conviction was in Iowa.  Other states may have a procedure, but I cannot state or give advice concerning that state's laws. Perhaps you should have your attorney look at your wife's record and clarify her record.
Answered on Feb 13th, 2014 at 3:44 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters