Can I Clear a Domestic Violence Charge from My Record?
A domestic violence charge on your record can feel like a permanent stain. The repercussions are far-reaching, affecting everything from job opportunities to personal relationships.
At Archer Law, we understand the gravity of your situation and are here to guide you through your options. Let's explore the possibility of clearing a domestic violence charge from your record.
What Is a Domestic Violence Charge?
Domestic violence involves acts of physical harm, threats, or any behavior intended to control a partner or family member. These charges are serious and can lead to significant legal consequences, including jail time, fines, and restraining orders. Whether you’re facing a misdemeanor or felony charge, having this on your record can create long-lasting challenges.
The Impact of a Domestic Violence Charge
A criminal record with a domestic violence charge can lead to job denials, housing difficulties, and strained personal relationships. Employers and landlords typically conduct background checks, and a criminal record can be a red flag. It can also affect your child custody rights and hinder your ability to secure loans.
This is why many seek ways to clear their record and move forward.
Can Domestic Violence Charges Be Expunged?
Expungement refers to the legal process of removing a criminal conviction from your record. Florida law imposes strict limitations on expunging domestic violence charges. Typically, only cases that resulted in dismissals, acquittals, or dropped charges are eligible for expungement. If you were convicted, the chances of clearing your record are significantly reduced.
Sealing of Records
While expungement is often difficult, sealing a record is another option. Sealing a record means that it won’t be accessible to the public, though it remains available to certain government agencies. In Florida, if your domestic violence charge didn’t result in a conviction, you might be eligible to have your record sealed.
Sealing your record restricts the general public’s access to your criminal history. However, while a sealed record can mitigate the social and economic repercussions, the information can still be disclosed during certain legal proceedings or if you apply for specific types of employment.
Steps to Clear Your Record
These structured steps can help you clear your record and move toward a brighter future:
1. Consult with a criminal defense attorney: They will assess your case and determine if you’re eligible for expungement or record sealing.
2. File a petition: This process includes gathering necessary documents, submitting fingerprint cards, and completing a sworn statement. Any errors can result in delays or denial, so it’s critical to handle this phase with diligence.
3. Court hearing: During the hearing, your attorney will present arguments supporting your petition. The judge will then decide whether to grant or deny your request.
4. Attend required programs: If the court mandates attendance in any intervention or rehabilitation programs, you must complete them promptly. Successful completion of such programs can bolster your petition for expungement or sealing of your record.
5. Follow up with legal counsel: Stay in touch with your attorney to monitor the progress of your case. They can provide updates and guide you on further steps, if any.
Factors Affecting Eligibility
Eligibility for expungement or record sealing depends on several factors, including:
The nature of the charge
Whether it resulted in a conviction
Prior criminal history
Compliance with probation terms
The time elapsed since the charge or conviction
Degree of victim impact
Completion of court-ordered programs
Benefits of Clearing Your Record
Clearing your record can open new opportunities. Without a criminal record looming over your head, you may find it easier to secure employment, obtain housing, and rebuild personal relationships. It’s a chance to move forward without the shadow of past mistakes hindering your progress.
It can also improve your eligibility for professional licenses, college admissions, and volunteering opportunities, allowing you to fully participate in community and professional life without prejudice.
Domestic Violence Laws in Florida
Florida has stringent laws regarding domestic violence. Under Florida Statute 741.28, domestic violence includes assault, battery, stalking, and other offenses committed by one family or household member against another. The state takes these charges seriously, and penalties can be severe.
Violations can attract mandatory minimum sentences, including jail time and mandatory attendance in a batterers' intervention program. Florida law enforcement officers are required to make an arrest if they have probable cause to believe that domestic violence has occurred.
Consult a Criminal Defense Attorney in Clermont, Florida
If you’ve been charged with a crime in Clermont, Polk County, Lake County, Sumter County, or Seminole County, you need an attorney who can balance aggressive defense with down-to-earth advice.
With a background as a U.S. Air Force Munition System Specialist and 20 years in the legal field, our defense lawyer brings a unique blend of common sense, detail-oriented focus, and approachability to every case.
Reach out to us today to discuss how we can assist in clearing your domestic violence charge and help you move forward with confidence. At Archer Law, located in Clermont, Florida, we’re here to help you reclaim your life.