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    101350's Avatar
    101350 Posts: 4, Reputation: 1
    New Member
     
    #1

    Oct 24, 2007, 05:45 AM
    How to get sealing/expungement in a domistic violance case
    Hi,

    I am getting conficting answers about getting sealing an expungement in a domistic violance case. This is the first time I had any thing to do with the law my attoney said
    It can be done and will cost $1000. To $1500.00 however I h a lady from LEGAL EASE
    SERVICE say this cannot be done I will have to just live with it. I live in broward county
    State of Florida. My husband is in jail now on and will be going to trial soon. I will be appling for a perment restaning order today. Does any one know the law on this as
    I do not want this on my record for live.

    Will you give it your best don't know what to do.

    Thank you
    Thank you
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Oct 24, 2007, 05:55 AM
    Hello 1:

    Well, it really depends on what the law says. Go back to these people and get a legal reference. If you're not even eligible under the law, that's one thing. But, if it's a matter of whether the judge will grant it or not, that's another thing.

    I don't know what judges will do. Neither do lawyers. Once you know you're eligible, you'll just have to take your shot. There's no guarantees about things like this.

    excon
    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
     
    #3

    Oct 24, 2007, 06:01 AM
    Hi,

    Small world. My family and I lived in Boca from 1984 to 88.

    I am not an attorney, just a guy.

    However, let's start this way. Were you beaten by your then husband? If you were and then pressed charges, you did the correct thing. No one has the right to use you target practice regardless of whether you annoyed him.

    My suggestion would be to let the charges stand for exactly what they are. He did the crime, now he can pay the price for that. He earned it, let him have it.

    Do not move for an expungement regardless of what he is telling you. In fact if he talks with you again let him know what he did was wrong and you are not backing up one step. Also let him know that if he ever touches you again or even pretends to touch you again, he will end right back up in the county lockup.


    Restraining orders are woefully soft and can be ignored any time he chooses. However, being told that you will once again press charges against him may hold him in check.

    The goal is to keep you and if you have children safe. Not to worry about his future or record. Again I say, if he earned the time in jail, let him stay there. I can't think of any reason for me to hit my wife. Even adultery does not give license to hit my lady.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Oct 24, 2007, 06:05 AM
    Quote Originally Posted by 101350
    I do not want this on my record for live.
    Hello Don:

    Looks to me like she's been charged too, and is worried about HER conviction rather than her husbands.

    I agree that it IS difficult to ascertain exactly what she's saying.

    excon
    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
     
    #5

    Oct 24, 2007, 06:31 AM
    Hey excon,

    How are this fine day?

    I agree that there is a lot left out of the original posting. However, why were you leaning towards cross charges? What did I miss when I read through her posting.

    If you don't mind, where were vacation as a guest of the state. I'm curious because I was fortunate enough to be faster than the boys in blue and managed to stay out of the Tombs in NYC.

    However when I went to work at IBM, repairing typewriters, I got to visit Sing Sing. When I was assigned to Virginia in 1972, Saint Brides Correctional Center (Chain Gangs) and the Brig at Marine Corps, Camp Elmore were customers.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    Oct 24, 2007, 06:37 AM
    Hello again, Don:

    Well she did say that she didn't want it on HER record. But, I'm just guessin.

    Me? I been in jail damn near everywhere. I can't sleep at night unless my wife wakes me up with a flashlight in my eyes to "count" me.

    excon

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