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I was wronglyarrested & charged with domestic violence against husband&child.if the case is dismissed, hw do i expunge my record

Marietta, GA |
Filed under: Domestic violence

2 weeks ago my husband hit me bad i defended mysef by biting his arm, i was 22 weeks pregnant and have a 13month old son.i passed out and i was so weak and i callled 911. i wouldnt go to the hospital even though i was hurting very bad, i told the medic to check my baby. the police didnt find any marks on me as at that time, but he told them lies that i attacked him and show them the biting mark so i was arrested and detained with all the pains i was goin through, i was bonded out after 17hrs after i had been to jail. i was charged with domestic violence to husband and children and i have a court case in august. he beat me in februaury when i was 4 weeks pregnant and i left the house for 2 months so i have witnesses against him and i have a mail from my father dated april apealing to him to stop beating me.i also have pictures of bruises on me .though he promised not to witness or press any charges, my QUESTION is how do i expunge my record because am a nursing student and it may affect my employment opportunities and also if we divorce because he is talking about seperation he may claim the children because the charge involve children.

Attorney Answers 3

Posted

I advise that you need to call a qualified domestic violence criminal defense attorney and do it sooner rather than later. The longer this case sits out in the ether, the greater likelihood that you will loose your best defenses along with the benefits of early aggressive action.
Remember, he does not control whether the state brings charges against you, that is just up to the state. You need to go on the offense and get there soon.
First you need to make sure the case was handled correctly and you qualify for an expungement, then you need to apply and have it processed. The expungement process is really not that hard and the application can be downloaded from the GBI.
But you need to worry about your case first. You need to have it evaluated and effectively dealt with as a violent charge will follow you around for the rest of your life.
Good Luck!

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5 comments

Asker

Posted

i have seen an attorney but unfortunately i cant afford an attorney because i dont work. what are my chances if i provided all my evidences as a victim in court

Asker

Posted

and also what effect can it have on him if my evidences are absorbed and he is seen as the abuser even if he doesnt come to witness in court.

Joshua G. Schiffer

Joshua G. Schiffer

Posted

Since you are in Marietta, I would advise you to contact the Circuit Defender office in Marietta and ask to apply for a Defender. That defender can assist you directly. Act timely, please. The longer this lingers the more time you loose to act.

Asker

Posted

I Was there twice and i was told i cant be assigned a lawyer until after my first appearance in court. i dont know what to do

Joshua G. Schiffer

Joshua G. Schiffer

Posted

Dont know what more to add other than to document everything and be proactive. Good luck!

Posted

Contact a lawyer and have them file the appropriate documentation.

Best of luck,

S. Carlton Rouse, Esq.
Rouse & Co. LLC
www.rousecolaw.com

Comments provided by S.Carlton Rouse are not intended to create an attorney/client relationship. In addition, the answer provided was based upon the limited information provided online, as such, any opinion/suggestion/comment could likely change after consultation and/or further review of the facts/documentation. For adequate legal advise, you should contact a lawyer and have a detailed consultation.

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3 comments

Asker

Posted

i have seen an attorney but unfortunately i cant afford an attorney because i dont work. what are my chances if i provided all my evidences as a victim in court

Asker

Posted

and also what effect can it have on him if my evidences are absorbed and he is seen as the abuser even if he doesnt come to witness in court.

S. Carlton Rouse

S. Carlton Rouse

Posted

Simply put, you need to hire an attorney. Court proceedings are not subject to "do it yourself" (DIY) projects. Call other lawyers and come up with money for your representation. That, in my opinion, is the best way to ensure a positive end to this unfortunate situation.

Posted

It is very difficult to have an arrest expunged in Georgia and to do so, your situation must meet very specific criteria and you must file the appropriate papers requesting the expungement. In your case, in all honestly, if an accusation or indictment has been filed against you, which it seems has happened, it may be very difficult, if not impossible, to have the arrest expunged even if the charges are ultimately dismissed. As such, I would suggest you retain a criminal defense attorney in your area to see what avenues may be explored that could include dismissal and expungement.

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1 found this helpful

2 comments

Asker

Posted

i have seen an attorney but unfortunately i cant afford an attorney because i dont work. what are my chances if i provided all my evidences as a victim in court

Asker

Posted

and also what effect can it have on him if my evidences are absorbed and he is seen as the abuser even if he doesnt come to witness in court.

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