A domestic violence enhancement, also known as an aggravated felony, has some people very confused. So what exactly does it mean? How can you qualify? What are the ramifications of this kind of conviction? Read on to learn more about domestic violence enhancements and how they might impact your legal situation!
Domestic Violence Enhancement Process
Under current California law, if a crime involves an act of domestic violence, such as assault, battery or stalking, and it occurs at home or in some other close relationship and at least one of three conditions exists: 1) The alleged victim suffered serious bodily injury; 2) The alleged victim was pregnant; or 3) The defendant has a prior conviction for an offense involving domestic violence, then that defendant can be charged with a felony.
How long will it take to get my domestic violence record expunged?
Expungement (or expunction in some states) does not erase a criminal conviction from your record. It simply seals it so that it will not appear if a potential employer or other entity requests your criminal history from a state or federal database. In most cases, expungement takes about six months to complete once you have finished all parts of your sentence. However, that may be an underestimate if you owe restitution, fines, or have any other debts related to your case.
Is there any way to have my record expunged sooner than later?
If you’ve been convicted of a crime and have a low-level criminal record, you may be able to petition to have your record expunged. This means that in certain circumstances, your record would no longer appear in public search databases or on background checks. The process can be lengthy, so it’s important to understand exactly how expungement works before pursuing it.
Am I eligible for an early expungement or sealing?
In Pennsylvania, you are eligible for an early expungement (or sealing) of your record if all of these conditions apply: You have never been convicted of a criminal offense. You have not been charged with or under investigation for a crime. You were arrested but not convicted for a nonviolent felony within five years from your arrest date.
What can I do if I was recently arrested for a misdemeanor crime, but want to seal my record?
If you were recently arrested, it’s important to understand your options. You may want to obtain a copy of your criminal record, as some convictions can be sealed. California lawmakers enacted Marsy’s Law in 2018—as a result, many misdemeanors are eligible for expungement after two years. To learn more about sealing your arrest record and how long you have before your record automatically becomes public again, contact an attorney who specializes in criminal defense law.
Can I Expunge a Domestic Violence Order of Protection?
The Domestic Violence Statute reads: The court, upon a finding that such person has committed an offense under [domestic violence], may enter an order of protection against such person. Such order of protection shall include, where appropriate, a requirement that such person do any one or more of the following (V.C. §50-13). In other words, if you are arrested for violation of any provision of V.C.
Why should I try to seal my criminal record rather than just expunge it in the state of Illinois?
Illinois has many options for expunging a criminal record, so you may not need to hire an attorney to help you seal your criminal record. Expunging and sealing both remove a conviction from public view, but only sealing makes it unavailable for future background checks. Without sealing, any employer or individual with access to your Illinois state criminal history report can still see your conviction. Sealing also prevents employers from seeing your convictions in background checks. Therefore, sealing your Illinois records is often more effective than expunging them.
