Legal Question in Criminal Law in Florida

can I get a single domestic violence conviction vacated

I was arrested and convicted for domestic violence (one and only time) in Dec 96. I am in the military and about to retire after 20 years of honorable service. I have no other criminal convictions besides minor traffic violations. My plead in court was no contest. The person I was accused of assulting stated in court that she attacked me and that i was only trying to prevent her from driving while intoxicated. The judge still found me guilty. I was scheduled to deploy the following day and if I plead not guilty I would have remained in jail overnight and missed missed ships movement. I didn't get any legal advice prior to my court appearance. I have always planned to become a policeman after I retired from the military. What can I do to make this happen or is it possible.


Asked on 1/30/03, 12:47 pm

2 Answers from Attorneys

Eric Dirga Eric J. Dirga, PA

Re: can I get a single domestic violence conviction vacated

You can try and vacate the plea. That will not be so easy because of the time that has passed but you do have some unique circumstances - can they be supported with documentation? You would also need to have the plea transcribed to show the circumstances surrounding the plea. Actually, the more I think about it the more interesting it sounds. Was this in Jacksonville?

Call me if you want. www.ejdirga.com

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Answered on 1/30/03, 1:51 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: can I get a single domestic violence conviction vacated

If the conviction was in Virginia, you have

virtually no chance of getting the plea

vacated at this point in time.

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Answered on 1/30/03, 6:28 pm


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