How to Expunge Domestic Violence Charges: A Step-by-Step Guide

Being charged with domestic violence can have long-lasting effects on your life, even if the charges are later dismissed or you were never convicted.

The charge can follow you on background checks, potentially hindering job opportunities, housing applications, or personal relationships. The good news is that it may be possible to have these charges expunged from your record.

At Izquierdo Law Firm, we understand the complexities of domestic violence cases and the importance of clearing your name. Here are the steps needed to expunge domestic violence charges and reclaim your future.

What is Expungement?

Expungement is the legal process of sealing or erasing a criminal record from public access. When a record is expunged, it is as if the offense never occurred, and you can legally deny it ever happened when asked by employers or landlords.

Can Domestic Violence Charges Be Expunged?

Before diving into the steps, it's essential to determine whether your domestic violence charges are eligible for expungement. Eligibility depends on several factors, including:

• The Outcome of the Case: Were you convicted, or were the charges dismissed? In many cases, convictions for domestic violence may not be expunged, while dismissals, acquittals, or certain lesser offenses might qualify.
• Your Criminal History: A clean record increases your chances of expungement, but previous offenses may complicate the process.
• Completion of Probation: In some jurisdictions, successful completion of probation may make you eligible for expungement.

Step 1: Gather Necessary Information

The first step in pursuing an expungement is gathering all the relevant information regarding your case. This includes:

• Case number
• Court of jurisdiction
• Charge details
• The final disposition of the case (e.g., dismissal, not guilty, or conviction)

If you are unsure about any of these details, your attorney can help you obtain the necessary records from the court.

Step 2: Determine Eligibility

Once you have the case information, it’s essential to determine whether you meet the eligibility requirements. Eligibility for expungement may vary, but some common requirements include:

• Completion of all sentencing requirements, including probation, fines, and community service.
• No pending criminal cases.
• A specified waiting period since the case was resolved (this can range from months to years).

Step 3: File the Petition for Expungement

The next step is filing a petition for expungement with the court that handled your domestic violence case. This petition includes a formal request to have your record sealed or erased and typically must include supporting documentation, such as:

• Proof of case disposition (showing the charges were dismissed, reduced, or otherwise resolved)
• Evidence that you completed probation, paid fines, or fulfilled other court-ordered requirements
• Personal statements or affidavits demonstrating why expungement is in the interest of justice

Step 4: Attend a Hearing (If Required)

In some cases, a hearing may be required before the court decides whether to grant an expungement. During the hearing, the judge will consider factors such as:

• The nature of the original charges
• The outcome of the case
• Your behavior since the case was resolved
• Any objections from the prosecutor or victims involved

Step 5: Obtain the Court’s Decision

After the hearing, the judge will issue a decision on your expungement request. If granted, your domestic violence charges will be sealed or erased from your criminal record, and the public will no longer have access to them. This means future background checks should not show the expunged charges.

Step 6: Notify Background Check Agencies

Once the expungement is granted, it’s important to ensure that the charges are properly removed from databases used for background checks. While the court will notify state agencies, private background check companies may still have outdated information.

Clearing your record of domestic violence charges can open doors that were once closed. The expungement process can be complex, and eligibility varies widely depending on your case and jurisdiction. At Izquierdo Law Firm, we specialize in helping individuals navigate the legal system to achieve the best possible outcome. If you are looking to expunge domestic violence charges from your record, contact us today for a free consultation.

By taking the right steps, you can put your past behind you and move forward with confidence.

Have You Been Accused Of Domestic Violence In Florida?

If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida".  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.