My husband was convicted of a domestic violence charge 5 years ago. He and I had an argument, both of us under the influence of alcohol. When I threatened divorce, he said he would file for custody of the kids, which made me irate. After leaving the house, I called the local PD and asked if I could come in to make a statement, just to have on file, in case of a custody battle. I stated that I did not want to press any charges, just wanted a piece of paper. The PD promised they would not make an arrest. After I answered their questions and made the statement, they told me they had to make the arrest because it was a state law. He was convicted of DV 2919.25. Can this be overturned or changed to a lesser charge 5 years later? We have found that it can not be expunged.
Lawsuit / Dispute Attorney
If it can not be expunged there is likely nothing to do. The appeal clock has expired, there is no new evidence of innocence, just your change of heart which was in place before the conviction.