QUESTION
How can I remove the domestic assault off my record so I can join the army?
Asked on Jan 08th, 2013 on Criminal Law - California
More details to this question:
I want to serve in the military but I have a domestic assault against my brother and the state picked it up and charged me even though my brother dropped all charges, so what I need to know is if I can get this off my record so I can join. This happened about 3 years ago.
6 ANSWERS
Michael J. Breczinski
In Michigan the waiting period is 5 years but maybe if you got a lawyer and that person talked to the prosecutor something could be worked out.
Answered on Jan 14th, 2013 at 7:02 PM
Hire a lawyer to do an expungement.
Answered on Jan 11th, 2013 at 2:20 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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You need to get what was once referred to as an "expungement." This no longer exists in the legal sense, but you can make what is called now a "1203.4 motion" if you are eligible. In many jurisdiction the probation department will assist you in doing this, or you can contact a criminal defense attorney who can make the motion as well.
Answered on Jan 11th, 2013 at 2:20 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If you were convicted or pleaded guilty or no contest to a domestic violence charge, you will have to wait 5 years to get an expungement. Talk to your military recruiter to find out just what requirements they have so you will know how to clean up your record.
Answered on Jan 11th, 2013 at 2:20 PM
Criminal Law Attorney serving Houston, TX
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The Law Office of Matthew D. Sharp
No. In Texas you can never have a family violence case taken off of your record.
Answered on Jan 11th, 2013 at 2:20 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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You can apply for an expungement under PC 1203.4 if you successfully completed probation without ever violating. You should talk to your military recruiter about whether or not that would help.
Answered on Jan 11th, 2013 at 2:18 PM