Can protection orders be expunged?
Protective orders can be expunged under certain circumstances. You are eligible for an expungement of a protection order, if:
- An order of protection was issued, but is later terminated due to the:
- dismissal of the petition for protective order before a court hearing on the petition;
- denial of the petition upon order of the court; or
- failure of the petitioner to appear at the court hearing on the petition.
- An order of protection was reversed or vacated by an appellate court.
If you qualify for the expungement of a protective order, a lawyer can file a petition for you in the appropriate court. The petition can be filed at any time after a court dismisses or denies an order of protection following the issuance of an ex parte order of protection or the appellate decision reversing or vacating an order of protection becomes final. The court must order the protection order expunged if you prove you are entitled to expungement by a preponderance of evidence.
A person whose record is expunged shall be treated if the protection order was never filed, and may answer truthfully to a question from the person’s employer or prospective employer that a petition for an order of protection has never been filed against the person.
Contact us today to discuss your options under the expungement of protection order.
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