How Domestic Violence Charges Impact Your Record?

Many people are accused of domestic violence. Some people have committed the crime, while others are wrongfully accused.

Under New Jersey law, domestic violence encompasses many crimes, including assault, harassment, homicide, stalking, kidnapping, false imprisonment, and burglary. Any adult, male or female, can be charged with domestic violence.

If you have been charged with domestic violence, you need to act quickly. Even if you have not been convicted of a crime, a charge can still affect you in many ways. It can affect your criminal record for life. That’s why you need a criminal defense lawyer on your side.

Domestic violence can be charged as a disorderly persons offense or a felony. A person can face a disorderly person offense for a less serious crime, such as simple assault or harassment In these cases, a person can face up to six months in jail, as well as anger management classes or probation.

For more serious crimes, a person can face felony domestic violence charges. A felony can carry severe penalties, depending on the degree of the charge. A person can face anywhere from 18 months to 20 years in prison.

How Long Does a Charge Stay on My Criminal Record?

If you are charged and convicted of domestic violence, that conviction may stay on your record until you ask the court to remove it. The legal term for this is expungement, and it can take many years before you are eligible to expunge a conviction for domestic violence. Remember that an expungement removes the charge, but no restraining order is in place. If the victim has one against you, that will remain.

There are two domestic violence offenses for which you may not expunge a conviction: kidnapping and homicide. Discuss this situation with your lawyer if you were arrested for these offenses but not convicted. Eligibility for expungement is not cut and dry. Whether or not expungement is possible depends on the specific charges, type, and case outcome.

The waiting period also varies. Typically, you must wait at least five years after completing your prison, probation, and parole sentence before requesting an expungement. Sometimes, a person may qualify for an early expungement after three years if conditions are met. Your lawyer can discuss whether expungement is an option for your domestic violence charge and explain the process.

Don’t Let DV Charges Ruin Your Record

Domestic violence charges can lead to a wide range of penalties, from restraining orders to prison time. You need to do what you can to defend yourself.

Domestic violence charges threaten your rights and freedoms. You could face felony charges that affect you for the rest of your life. Contact an Atlantic City criminal defense lawyer from The Law Offices of Melissa Rosenblum, LLC. We will help you get the best outcome possible. Call (609) 904-6262 or fill out the online form to schedule a consultation.