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My ex partner assaulted me in 2010 and received a pre-trial

diversion. Does this mean that...
My ex partner assaulted me in 2010 and received a pre-trial diversion. Does this mean that this does not show up on his record at all, and that there is no evidence of the arrest or the crime taking place at all ? Does this mean that when there is a background search done that it does not show he participated in a pre-trial diversion program ?????

He is trying to gain access to our daughter and if he has no criminal record it makes it easier for this to happen. I have the police report, the copy of the restraining order and other information to show when we go to court over this, but how do I get access to a file of a dissolved case of pre trial diversion to show that this took place !!!!!

I understand that in order to continue working in his field he needs to not have a criminal record but it is unfair to me as the abused individual to have to now fight for my daughters safety all because there is no assault charge on his record. I am scared for my child to be around an alcoholic abuser.
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Answered in 15 minutes by:
11/9/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

It appears that you are currently offline. Please let me know when you are back online and I will be happy to answer your question. Thanks!

Customer:

I am currently online and you are now offline. Can you let me know of a time that you will be online ?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

Unfortunately, if your ex-partner's record had been expunged, it would not be available for any non-governmental purposes.

Alex J. Esq. :

The only thing that can be done, is for you to hire a local attorney in Texas, to see if the criminal record related to domestic violence has been officially expunged or not.

Alex J. Esq. :

Does this make sense?

Customer:

I have a lawyer here in Canada, could a Canadian Lawyer access this information

Alex J. Esq. :

Yes.

Customer:

So my current lawyer can access this for sure ? I had hoped that would be the case so I did not have to retain a lawyer in another country

Alex J. Esq. :

But he/she might have to hire someone in Texas to check on the case, if the court doesn't offer such service over the phone or mail.

Alex J. Esq. :

Generally, your Canadian attorney should be able to make a request and to check into the case for you.

Alex J. Esq. :

Does this make sense?

Customer:

Yes. If this assault is no longer on his record can I still present the photos of the abuse, womens shelter report and the police reports ?

Customer:

and I also have a letter written from an abuse counsellor that can date the abuse back to 2006.

Alex J. Esq. :

The answer is generally yes and also the person can be asked under oath about the crime / violence at the sworn deposition, but that is under the US law.

Alex J. Esq. :

I would have to defer you to Canada Law Section of JustAnswer.com for any specific Canadian law questions.

Alex J. Esq. :

Does this make sense?

Customer:

Yes. I have letters from friends who had to contact my parents to tell them about the abuse. I have people swearing to seeing bruises on me. And the abuse counsellor and 2 police reports and I have paperwork showing the original arrest and the restraining order as well as the proof I was given restitution. I am hoping that this is admisable in order to prevent him from seeing my child unsupervised.

Alex J. Esq. :

Are the child custody proceedings currently pending in Canada?

Customer:

He has sent a letter requesting lowering of child support so that he can fly to Canada to visit the child.

Customer:

and wishes to take me to court

Customer:

but we have no court date. he has just hired a lawyer to contact me with his requests

Alex J. Esq. :

Are you and the child currently reside in Canada and did your ex hire an attorney in Canada?

Customer:

Yes he hired a Canadian attorney and we both reside in Canada. He resides in Texas.

Customer:

He told me 2 months ago prior to starting this that he wished he had murdered me. Then went on to say that he is better fit to raise our daughter and told me that he is going to go for custody. But his letter didnt mention anything about custody it was just to have access and lower his support

Alex J. Esq. :

Well, I can only answer your question about the Criminal case in Texas, any child custody questions related to Canada would have to be posted in JustAnswer.com Canadian category.

Customer:

Okay.

Alex J. Esq. :

Do you have any related follow up questions to the criminal case in the US?

Customer:

Well I am slightly concerned about the fact that I may have to retain a lawyer in the US I was really hopeful that I wouldnt have to do so

Customer:

he has been off of probation since 2011 so is it possible for his record to already have been expunged at this time

Alex J. Esq. :

It would only be a case if your Canadian lawyer is unable to check with the Texas criminal court, to determine if the arrest records can be obtained or not.

Alex J. Esq. :

It is possible.

Customer:

I have gotten the arrest records but I need copies of the fact taht there was a pretrial diversion and what his sentence was with that IE. probation and other conditions.

Customer:

The San Angelo police department has the police reports and I had to send a money order to texas in order to get them

Alex J. Esq. :

I understand.

Alex J. Esq. :

This would be something that you Canadian attorney will most likely be able to obtain, as long as, there was no official expungement.

Customer:

If there was an expungement that means there is zero evidence at all.

Alex J. Esq. :

correct

Alex J. Esq. :

that would mean that the criminal record will not be available to public.

Customer:

I am honestly just frustrated that someone can injure someone so horrifically and get away with it. I was given no opportunity to speak for myself at a trial because he was offered a pre trial diversion. It is not right because now YEARS later he suddenly wants access to our child and can do so because he has managed to clear himself of this abuse and my child will be put in extreme danger. This man doesnt really want to see her this is an abuse tactic. He has called the child ugly and has also called her retarded. She has special needs and would NEVER be able to tell me if he verbally abused her or drank in front of her and he knows this.

Alex J. Esq. :

However, in the US, an attorney can still bring up the expunged record and also question the person about it during deposition.

Alex J. Esq. :

I am very sorry about the situation and I do hope that your local Canadian attorney would be able to resolve this issue for you.

Customer:

So my lawyer most likely can't bring this up at trial. This is very distressing.

Alex J. Esq. :

I did not say that.

Alex J. Esq. :

It is up to your local lawyer to inquire into the criminal case and if possible to obtain the disposition of the criminal case.

Customer:

I am hopeful that he can, otherwise my daughter is in EXTREME danger if left alone with this man. Do you know if I can get a restraining order if I live in Canada and the other person is in another country ?

Alex J. Esq. :

This is once again a question that would need to be answered by Canadian lawyer.

Alex J. Esq. :

Do you have any related follow up questions?

Customer:

No.

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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