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In 2010 my boyfriend was charged with dv-can i get that recinded now?

Olympia, WA |

He was recovering from a brain aneursym and brain surgery at the time. He began drinking and was not on the right meds and I was frustrated and lost my temper chosing to call the police thinking this would help the situation. Now I hear he is stable, has seen a counselor and has documentation from his Dr. that he was and still is unable to tolerate going thru dv classes, understanding the court process, ect. due to the extensive brain damage he had and will continue to have for the rest of his life. Who should I write a letter to? Is it too late? I regret adding a felony to this man's otherwise clean record as he has so many other issues in his life he has to deal with. In the 17 years I have known him he has never been violent before.

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Attorney answers 3


That's a sad situation but I seriously doubt anything can be done now. The state is the one that charges and prosecutes people for crimes, not citizens like you. This is a common thing with dv, you would be surprised how often this happens. It happened daily when I was interning at 2 prosecutors offices.


I would recommend hiring a criminal attorney to review and assist with the matter.


If he has been convicted, there is unfortunately not much that can be done. If he plead guilty or was found guilty, the conviction is pretty permanent. Depending on the charge, there might be a chance to have the record vacated down the road but it depends on what the conviction was for. For example, if it was a violent offense as defined under RCW 9.94A.640, then the record of conviction may not be cleared. It is best for him to consult an attorney to vacate a a conviction and usually a time frame of 5 or 10 years or more has to have passed.