How Long Does A Domestic Violence Charge Stay On Your Record in Michigan?
Click here to watch this on YouTube.
Learn more about how a prior domestic violence charge impacts a new case in Michigan.
“How long would a domestic violence charge in Michigan remain on record?” is perhaps one of the most often asked questions. Domestic violence charges are sometimes structured in a way that the admission is submitted under a statute that forbids the registration of a record. This option is not always available and it’s not always an option in every situation. Domestic violence convictions can still be expunged even if you have been convicted.
People with criminal records may not be eligible for an expungement in several situations. A five-year statutory waiting period begins when you complete your court-ordered responsibilities. It’s possible to get these offenses wiped from your record if you don’t have any other serious crimes against you. This is the gist of how this method works in general.
Getting a Domestic Violence Charge Off Your Record
Domestic violence first-time offenders in Michigan may be able to have the case dropped and therefore preserve a clean criminal record. However, there are a few conditions that must be fulfilled.
- The “victim” has to be someone you’ve had an intimate relationship with, such as your husband or ex-spouse, or someone you’ve dated.
- You must not have a history of an assault-related offense.
- You have to admit that you did wrong and plead guilty.
- After the “victim” and the prosecuting attorney go over the program together, the prosecuting attorney must give it their stamp of approval.
Once the conditions have been met, the court may put you on probation instead of taking further action against you.
The court will not record or make public your guilty plea, so there will be no trace of you being charged with the offense. The court will dismiss the allegations against you after you complete your probation. The benefit of accepting a bargain under this scheme is that, once your probation is up, you can truthfully claim to have never been convicted of a crime, because you haven’t.
Removing a Michigan Domestic Violence Charge Through Expungement
Domestic violence expungement removes a conviction from the public record and is only available through non-public sources. However, law enforcement will always maintain a confidential record of the offense. After an expungement, a person’s domestic violence conviction is removed from their public police record. If a company or group does a background check, the offense will not appear on a public police record report.
A person’s criminal record is extremely beneficial in many aspects of their life, including employment applications, college applications, credit scores, etc. Since domestic violence is a violent and abusive crime, expungement is a crucial tool that is especially helpful in these situations. Having such a charge on one’s criminal history can hurt one’s future. Having such a charge on a person’s criminal record is detrimental to their prospects. Domestic abuse attorneys can assist and determine your eligibility. Expunging a record in Michigan is hard, and you have the best chance of success if you work with an experienced attorney.
A clause in Michigan law permits a first-offense domestic violence charge to become a non-public record. This is almost the same as expunging the record. This clause does not apply to everyone, and many people who qualify are denied expungement. A qualified, experienced domestic abuse lawyer can determine whether this option is accessible and devise a strategy to persuade the judge and prosecution that the petitioner is an excellent candidate.
Talk to a Michigan Domestic Violence Attorney Today
Getting convicted of domestic abuse is a life-long stain on your criminal record. The only means to get a conviction wiped in Michigan is to go through expungement. Even if there is substantial evidence against you, our attorneys at Goldman and Associates may be able to prevent a domestic violence conviction from appearing on your record. Talk to us today and set up an appointment here.