Can a Guilty Plea for Misdemeanor Domestic Violence Be Expunged?

This question came from one of our users:

Can a Guilty Plea for Misdemeanor Domestic Violence be expunged?

‍

Generally, no, a conviction of domestic violence cannot be expunged from your record.  

A domestic violence charge on your record can certainly have long-lasting implications, especially regarding legal repercussions, employment, and the loss of certain personal rights (e.g., the right to possess firearms).  Removing (expunging) a domestic violence charge from your record isn't an easy process, but not necessarily impossible.

It is essential to understand that every case is not the same, and no outcome can ever be guaranteed. Whether or not a domestic violence charge can be expunged depends on the specific circumstances and evidence involved in your case.   

Domestic abuse assault is generally defined as an assault between the following: 

• Family or household members living in the same house,  
• Separated spouses or divorced persons, even if not living together 
• Parent of the same minor child, no matter if they have ever been married or lived together. 
• Family or household members who lived together in the last year before the assault.  
• Persons who are in an intimate relationship or have been and have had contact with each other in the year before the assault. 
• Courts determine an intimate relationship based on the duration of the relationship, frequency of interaction, whether the relationship ended, and the nature of the relationship (sexual or romantic engagement).  

In some states, such as Iowa, domestic abuse assault convictions are not eligible for expungement. Other States will consider expunging a domestic violence charge if specific criteria are met.

The nature of the abuse, your criminal record, and any additional charges, completion of sentencing requirements, and the time period all determine whether the court will expunge the domestic violence charge from your record. 

‍

Steps to Expunging or Sealing a Domestic Violence Charge  

1. Gather Relevant Documents: Begin by gathering all relevant documents related to your domestic violence conviction, including court records, police reports, and any documentation of completed probation or rehabilitation programs.  

2. Review Eligibility Requirements: Consult with an attorney to determine whether you meet eligibility requirements for expungement under the laws of your jurisdiction. Your criminal record, the facts of the assault (whether dismissed or convicted), whether you completed court-required probation or community service, whether you have paid all court costs and other court-ordered fees, and whether a certain amount of time has elapsed will all be considered by the court. Sometimes, the court will also consider if you have been granted other deferred judgments. 

3. File a Petition: Prepare and file a petition for expungement with the appropriate clerk of court in the jurisdiction that previously heard your matter. Generally, the petition must include detailed information about your conviction, as well as any supporting documentation that demonstrates your eligibility for expungement. Sometimes, online fillable forms are available on your state's judicial website.  

4. Attend a Hearing: Sometimes, you may be required to attend a hearing before a judge and present your case for expungement. During the hearing, you may be required to give testimony and answer questions about your conviction and any efforts at rehabilitation.  

5. Wait for a Decision: After filing your petition and attending any required hearings, you will then wait for a decision from the court. If your petition is granted, the court will issue an order expunging your domestic violence charge. If your petition is denied, the charge remains on your record.  

Because domestic violence charges can have far-reaching consequences on your personal and professional life, it is beneficial to seek legal advice regarding removing the charge from your records.