Will an old out of state order of protection prevent expungment of a domestic violence charge?

I was arrested and spent 2 days in jail for a small bump on ex’s arm that she gave to herself. She dropped the charges but the DA pursued the case. My lawyer entered a not guilty plea and asked for trial. The state dropped the case after a jury was picked but before it went to trial. Ajudication withheld i think, not sure. The judge told me i had to wait 2 years before i would qualify for expungment. Will a 5 year old or older order of protection from another state stop me from expunging this dropped domestic violence charge from my record?

Asked on July 22, 2012 under Criminal Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It may prevent you from obtaining the expungemet because part of the expungement process is to show you don't have any other record and you are not a repeat offender. Since the order of protection is directly related to domestic violence, it would most likely be an issue. Talk with your attorney about whether that order of protection could be thrown out or suppressed.

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