Domestic violence is a much more serious charge than many individuals realize, but convictions can often be avoided if the charges are issued on insufficient information. However, even an arrest can be problematic for the defendant for a long time to come when the record remains publicly visible.
Luckily, the state of Wisconsin allows individuals to expunge court records in certain circumstances, but there are still some stipulations that may prevent the sealing of a case record when there are repeat incidents.
Having an experienced domestic violence attorney like Jason D. Baltz is always important because the court could be hesitant to seal the court record without a sound argument.
There are specific requirements for expunging a domestic violence arrest record. There is actually a form that can be submitted to the court without legal counsel, but the judge is not necessarily required to issue a sealing unless the defendant was under the age of 25 at the time, the potential jail time was no more than six years maximum, and there have been no subsequent domestic violence legal issues.
Couples commonly have serious disputes when young, and many cases are dismissed. However, the record of the case is still registered in the CIP. Having an experienced domestic violence lawyer who understands what problems may arise is a real advantage when requesting expungement.
It is important for defendants to understand that certain information cannot be removed from the state court record for public viewing. Criminal convictions cannot be sealed for any reason regardless of the level of the charge.
This does not include cases of deferred judgment, when the defendant successfully completes a probation period to the prosecution, as no conviction occurs. Court authorities will always have access to a report and arrest record if any other situation arises in the future. Fingerprint records also cannot be sealed under any circumstance.
Cases Involving Minors
Domestic violence is not always an issue just for couples. Even roommates or families with children can have arguments that can result in domestic violence charges. Minors can be charged when case factors warrant, and the court history for minors can be sealed routinely following any case because guidelines are different. All domestic violence cases hinge on specifics, and even minor defendants will need representation in court.
Never let the remnants of a domestic violence legal issue stain your personal history whenever possible. Call Jason D. Baltz and put his expungement experience to work for you.