Can A Domestic Violence Charge Be Expunged? What You Need To Know

If you were charged with domestic violence, the crime will be on your record for years. Having a domestic violence charge on your criminal record can prevent you from getting certain jobs or even getting approved for a rental home. However, there are some things you can do to remove the crime from your record in certain circumstances. Here are some things you need to know.

What You Need to Know About Expungement

When a criminal activity occurs, it may be possible in some states to have the crime removed, or expunged, from the criminal record. There are some eligibility requirements that must be satisfied for the expungement to move forward. The severity of the crime is a major factor. In domestic violence situations, the severity of the crime will be the first thing the judge looks at. If the crime is severe, the likelihood of an expungement is low. However, if your crime was not severe and you have an otherwise clean criminal record, the crime might be removed as long as you complete any required therapies, counseling classes, pay any fines, or anything else outlined by the court.

A domestic crime is classed either as a misdemeanor or a felony, depending on its severity. Each state has its own laws regarding domestic violence severity. If there was a situation in which the victim needed immediate emergency care or the charge included an attempted murder charge, the expungement will likely not go through. These are typically classified as felonies. Many states do not allow for the expungement of felonies of any type. If the crime was somewhat minor and considered a misdemeanor, you may be able to have the crime expunged.

Timing Matters

In some states, the passing of time can aid in getting a domestic violence charge expunged. Over time, less-severe domestic charges will fall off your record as long as the charge was of a lower degree. More serious charges will not likely fall off the record without intervention from an attorney. You will have to see if these charges can be manually removed. You will have to build a case that outlines why your recorded should be cleared. If your incident occurred deep in your past and you have demonstrated that you have straightened out your life with no additional crimes, you have obtained gainful employment and are otherwise living as a model citizen, your attorney may be able to help you get your record expunged. Keep in mind that nothing is guaranteed for an expungement. You and your attorney will need to work hard to make the claim that you deserve a fresh start. However, not all cases will be successful. Be sure to work with a good criminal defense attorney for your best chance at getting a domestic violence charge expunged from your criminal record.