Can I Get Domestic Violence Charges Expunged?
While any offense carries a negative impact on a person’s reputation, a domestic violence charge comes with a stigma that can seem impossible to overcome. At Ryan Beasley Law, we understand the collateral consequences of being charged with a crime, even if your charges were later dismissed. If you would like to find out if your domestic violence charge can be expunged, our Greenville, SC, domestic violence attorneys are available to assess your case.
Who Can Be Charged With Domestic Violence in Greenville, SC?
Domestic violence charges pertain to any acts of physical harm, threat of physical harm, or attempt to physically harm another person. A domestic violence charge may apply even if you did not physically touch another person. However, in South Carolina, domestic violence charges can only be filed between family or household members.
This special relationship is required by law. The government may file domestic violence charges on behalf of the victim, as long as they share one of the following relationships with the accused:
- A spouse;
- A former spouse;
- People who have a child together;
- People who live together, and
- People who used to live together.
How Long Does a Domestic Violence Charge Stay on Your Record?
Unless you apply to have the charge removed from your record, a domestic violence charge will remain on your record indefinitely. However, it may be possible to have the charge expunged, which will remove the offense from your record. An expungement will destroy all records related to your arrest, charge, or conviction. However, the charge may still be visible to certain government agencies.
Who Qualifies for Expungement in SC?
In South Carolina, the Solicitor’s Office handles all expungement applications. To qualify for expungement, you must have no other criminal convictions in the past five years when you apply. This includes criminal records in other states, not just South Carolina. Additionally, if there are any other criminal charges pending against you for less than five years, then you will not qualify for expungement.
While expungement is not available for felonies and other violent offenses, South Carolina law does permit domestic violence in the third degree to be expunged. It is the least serious domestic violence charge under state law, punishable by up to 90 days in jail upon conviction. A third-degree domestic violence charge may apply if you placed a family member in fear of imminent harm or attempted to cause them injury. While it comes with the least severe penalties, getting the charge removed from your record is important in protecting your future.
If you are charged with third-degree domestic violence and have no significant criminal history, you may be eligible for pre-trial intervention. Pre-trial intervention (PTI) is a diversionary program that allows the offender to avoid the court system. It is only available for first-time offenders, consisting of counseling, drug testing, community service work, and other rehabilitative treatment programs. Successful completion of the program will result in your arrest record being expunged.
Bear in mind that the court is not looking out for your best interests. If you are facing allegations of domestic violence, it is important that you seek representation that can advocate on your behalf.
Speak with a Greenville, SC, Domestic Violence Lawyer Today
A domestic violence charge can threaten your ability to find gainful employment, suitable housing, and see your children. If you have been accused of domestic violence, the first thing you need to do is hire experienced counsel. The Greenville, SC, domestic violence attorneys at Ryan Beasley Law will give you the greatest chance of clearing your name.
To find out if your domestic violence charge qualifies for expungement, do not hesitate to contact us online or by phone at (864) 756-4204.