Getting Domestic Assault charge removed

Asked almost 3 years ago - Hibbing, MN

About 8-10 years ago my girlfriend and I got into a yelling argument and we were pushing each other around, I was trying to push her out of the apartment, she was trying to push her way back in. I believe I slapped her once but I am unsure of even that, its been awhile, but there was no other hitting or anything like that. The neighbors called the cops and they showed up, I told them exactly what happened, no lies, and I spent the night in jail and now have a domestic assault charge.

I am now married to the same Woman, we have 3 beautiful children together, all within wedlock, we are an "story book" family. We haven't ever had an issue since the above. But, growing up in a hunting family, I can't go hunting or teach my kids what Dad taught me, my best memories were out in the woods.

Attorney answers (2)

  1. Maury Devereau Beaulier

    Contributor Level 19

    Answered . If you were convicted of the offense, there is little that can be done. Domestic Assault is an enhanceable offense. that means if you have another charge within 10 years of a first, it is enhanced from a misdemeanor to a gross misdemeanor. As a result, it is unlikely to be expunged.

    Moreover, under current law, a statutory expungement is not likely even if the offense were not enhanceable. Expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records.

    If you were not convicted and the matter was ultimately dismissed, you may file a Petition to expunge the record which would essentially erase the record of the charge.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement... more
  2. Benjamin Josef Colburn

    Contributor Level 13

    Answered . Domestic assault in the State of Minnesota is what is called an "enhaceable" offense. This means that if a person is charged with domestic assault and has a prior conviction within the last 10 years, the new charge will likely be "enhanced" to a more serious level (e.g., gross misdemeanor rather than misdemeanor). A such, I think you have virtually no chance to get the conviction expunged within 10 years of the original date of conviction (since there will be strenuous objection to expungement by the prosecutor if you seek it within the 10 year enhacement period). Once beyond 10 years from the original date of conviction, there is still no guarantee that you can get it expunged, though you may certainly try.

    Even if you are successful in obtaining expungement, this will not be the end of the situation. You would likely then have to apply to have your right to own/use/possess/purchase firearms restored on a Federal level. This is also a procedure without any guarantee of success, as you were convicted of a "crime of violence", which carries a lifetime ban against possessing firearms. The Federal mechanism for relief from this lifetime ban was not funded (unless this has recently changed), so an application to overturn the ban can be submitted, but would likely not be processed (it would sit in a file with no action taken).

    I would suggest you consider hunting or outdoor activities that do not involve firearms. You may wish to consult with an attorney to get more specific details on this situation.

    The content of this answer is provided for informational purposes only, and should not be construed as a source of... more

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