Expunging a Domestic Violence Charge

criminal record expungmentDomestic Violence Battery charges are a very serious matter. In Florida, domestic violence refers to any criminal offense that results in physical injury to or death of a family or household member that is caused by a member of the victim’s family or household.  Unfortunately, many individuals who get charged with domestic violence end up having those charges dropped because the evidence was fabricated or the charge resulted from a misunderstanding. Regardless, most employers will not look beyond the charge to determine what really happened. If you’re able to expunge the charge, you’ll want to do so in most cases.

Negative Impacts of a Domestic Violence Record

These charges can carry up to one year in jail and a $1000 fine, along with mandatory counseling. Employers who are looking for people to fill positions are very leery of people who have been arrested for domestic violence charges. This is because they’re concerned about workplace violence and employer liability.

There is also a social stigma that’s attached to domestic charges. Because we’re in the internet age, people have easy access to public information; thus, it can be difficult for someone to succeed on both professional and personal levels if their charges are plastered on different web sites and online resources. Even some dating sites are beginning to screen for domestic violence charges.

Who is Eligible to Expunge a Domestic Violence Charge?

It’s important to know that the plea you enter for a domestic violence charge becomes public record. To be eligible for expungement, you must not enter a plea of “no contest” or “guilty.” In addition, a domestic violence battery charge will only be expunged if the charge against you is dropped. For the best chance of receiving this outcome, you’re advised to hire a criminal defense lawyer in Orlando who has experience fighting such charges.

How Can an Attorney Fight Domestic Violence Charges?

A knowledgeable criminal defense lawyer can work with the prosecution to place you in a diversion program. Completing this program along with domestic violence counseling can lead to dropped charges.

Your attorney can also mount a defense against the charges on some of the following grounds:

  • Self-defense
  • Mutual combat
  • Stand Your Ground
  • Defense of property
  • Absence of injuries
  • Evidence doesn’t support battery allegations
  • Factual inconsistencies with the underlying incident
  • Vindictive victim

Finally, you could expunge your Battery Charge if you got the charge dismissed, dropped, or got a Nolle Prosequi. The important thing to remember is that you got the charge dropped. You must also have no other convictions or adjudications on your record at the time you apply for expungement of your records.

Central Florida and Orlando Expungement Attorneys

You want to make sure that if you were arrested for Domestic Violence Battery that you hire a criminal defense attorney to fight the charges and seek a dismissal of the charges. If you plead no contest or guilty to the Domestic Violence charge of battery you will not be able to expunge or seal your charge. Take a look at the expungement guidelines and read the exceptions yourself before you enter a plea to the charge. 

Your best avenue for expunging your record is to consult with a seasoned domestic defense lawyer in the Orlando area. At The Umansky Law Firm, we take domestic violence cases seriously, especially for those who are not guilty of such crimes and now need to restore their reputation and record. With more than 100 years of combined experience and proud members of the National Association of Criminal Defense Lawyers, we dedicate ourselves to getting you the fresh start you deserve. 

If you want guidance on how to expunge your records, call The Umansky Law Firm at (407) 228-3838 or contact us online.