Legal Question in Criminal Law in Indiana

Domestic violence and assault charges in 2 states

To whom it may concern:

In March and November 2001 I was arrested on two accounts of domestic violence in Indianapolis, Indiana. The first one was dropped due to the second one happening while on unsupervised probation. Then in November 2003 I was arrested again for assault in Lexington, Kentucky. I have these two misdemeanors on my reccord now. They all three were the result of hard times (male to male relationship) and drinking excessively. Now that Im sober I would love to know if and how I could have these charges ''PURGED'' from my record. If there is a time limit or not in which I have to wait. Or could I get an attorney's representation to have this taken off my record in this present time.

Thank you for prompt answer.

Mr L.R.E


Asked on 8/31/04, 12:37 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Domestic violence and assault charges in 2 states

You will have to address your issue regarding the Kentucky conviction to an attorney in that state.

In Indiana it is not very likely that you will be able to remove the record of arrest. It would seem from the facts that you were not convicted in Indiana due to the charge being dismissed, meaning no record of conviction exisits on that specific charge. Even where there might have been a conviction, it is very difficult under the current law to have ones record expunged. One would have to show a hardship would not only result, but also have the state and arresting law enforcement agency in agreement before the court could order such.

If you moved forward with this, there would be no assurances you would obtain the desired result and it could be expensive as well.

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Answered on 8/31/04, 10:35 am


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