Domestic Violence and Criminal Record
When the victim is unable to stop their aggressive behavior, there are two types of domestic violence actions. The victim may choose to seek justice in criminal or civil courts. This will allow them to obtain a remedy, such as payment for medical bills or income for the time they are hospitalized or need to stay at home due to injuries. The offender will be tried by a judge or jury in criminal court. The victim can help to convict the perpetrators of domestic violence with the assistance of a prosecutor’s south surrey divorce lawyer. The victim’s criminal record will be updated with this conviction.
Many states offer an exemption on criminal records for people who have a lesser or more severe conviction. It is usually determined by the severity of the crime as well as the criminal record of the individual. A person’s ability to expunge a crime from their record is less likely if there has been a lot of violence in the home and a conviction. A convict who has had very few convictions, including misdemeanors and juvenile crimes, is often able to expunge them. Out-of-state felonies and convictions are more difficult or impossible to get rid of.
The severity of the crime
Domestic violence crimes can be misdemeanors or felonies. It all depends on the circumstances and the state in which the victim was acting. These situations can result in increased charges and harsher penalties. A misdemeanor can be made a felony by a violent act. The person who is convicted of felony domestic violence will be charged with the rest of their lives if the state refuses to expunge felonies.
The Time is passing
A state may offer a remedy for a criminal record depending on how long it has been since the crime occurred. However, certain serious convictions will not be removed. The record could be kept as it is if there are multiple investigations or additional factors that continue to prove violence against the person in the household. The person could see the crime disappear in the future if there is less violence or other elements to the conviction. Based on legal changes over the years, the person might need to speak with a lawyer.
Other time-related issues can also affect the expungement or revocation of a criminal record. Individuals may need to manually erase lesser offenses from their records. However, there are limited time and resources available. A lawyer is often the first step in determining if it’s possible. Next, the convicted person might need to explain why they are important. This could be related to employment, attempting to purchase a house, or trying to marry someone else. Some situations could require the purchase and ownership of guns. Domestic violence convictions typically remove the right to own, carry and purchase firearms.
The Record and Expungement
This is usually a one-time deal. Any subsequent convictions will usually remain throughout his or her entire life. Domestic violence situations may also be considered. An arrest might not be added to the background check or become part of the criminal record. Many states allow expungement of arrest records as part of a plea bargain.
Legal Support for the Expungement Domestic Violence
A lawyer can help the person present their case and explain why expungement is important. A well-thought-out argument that clearly defines the factors may be more favorable to the judge.