I was arrested in 2014 (without conviction) and would like to know if this can be expunged from my criminal record.
My wife and I had been stalked, harassed and threatened by my sister-in-law (her sister) and her husband. At a family gathering, the brother-in-law (BIL) assaulted me by grabbing my shirt and swinging at me. I defended myself, countering with my left and my Irish cladagh ring cut his chin. A family member broke up the fight.
The BIL went to the police the next day, filed a complaint, and said I had *glassed* him, meaning the cut was from broken glass, which would mean assault with a weapon. I did not glass him, I defended myself.
An officer at the station who I play poker with told the charging officer, I would come in voluntarily to discuss the allegation. I discussed the matter (without a lawyer) with the charging officer and countered that the BIL had in fact assaulted me, as self-described by the BIL having admitted he had a hold of my shirt for the entire incident. I advised the officer of the past conduct of the BIL and SIL.
I was told I was under arrest. I would be fingerprinted and photographed after which I would be released, which is what happened. The police requested the BIL explain the previous conduct of threats and stalking, which was omitted from the initial complaint, along with how he was assaulted when he had a hold of my shirt. The BIL said he was too busy to talk to the police. The police refused my request to file charges against the BIL because I did not have sufficient evidence (with a female officer telling me I need to let the sisters have their special relationship, words of the SIL coming from the mouth of the police).
I filed for Family Violence Orders (AVO) against both SIL and BIL. The BIL had a gun permit and while he has a history of threats, he hired a lawyer to defend him. The SIL had left threatening and sobbing voice messages on our Voice Mail for years, which our lawyers said were some of the most disturbing they had ever heard, and we produced this in court. The SIL gave in, and requested an undertaking which included no contact and psychological counseling. The undertaking did not include the BIL, allowed him to get off, and keep his gun permit.
I requested material from the police on my arrest, including was the investigation closed, when and were my fingerprints and photograph destroyed. The police played games, refused to comply with written requests and only verbally said the matter was over. I wanted finality.
Can I consider the matter closed?
If I am asked in the future if I have been arrested, can I say no?
Can I get this expunged from my record so I could say I have not been arrested?
Can I get information on this incident from VIC police like a FOIA request?
My wife and I had been stalked, harassed and threatened by my sister-in-law (her sister) and her husband. At a family gathering, the brother-in-law (BIL) assaulted me by grabbing my shirt and swinging at me. I defended myself, countering with my left and my Irish cladagh ring cut his chin. A family member broke up the fight.
The BIL went to the police the next day, filed a complaint, and said I had *glassed* him, meaning the cut was from broken glass, which would mean assault with a weapon. I did not glass him, I defended myself.
An officer at the station who I play poker with told the charging officer, I would come in voluntarily to discuss the allegation. I discussed the matter (without a lawyer) with the charging officer and countered that the BIL had in fact assaulted me, as self-described by the BIL having admitted he had a hold of my shirt for the entire incident. I advised the officer of the past conduct of the BIL and SIL.
I was told I was under arrest. I would be fingerprinted and photographed after which I would be released, which is what happened. The police requested the BIL explain the previous conduct of threats and stalking, which was omitted from the initial complaint, along with how he was assaulted when he had a hold of my shirt. The BIL said he was too busy to talk to the police. The police refused my request to file charges against the BIL because I did not have sufficient evidence (with a female officer telling me I need to let the sisters have their special relationship, words of the SIL coming from the mouth of the police).
I filed for Family Violence Orders (AVO) against both SIL and BIL. The BIL had a gun permit and while he has a history of threats, he hired a lawyer to defend him. The SIL had left threatening and sobbing voice messages on our Voice Mail for years, which our lawyers said were some of the most disturbing they had ever heard, and we produced this in court. The SIL gave in, and requested an undertaking which included no contact and psychological counseling. The undertaking did not include the BIL, allowed him to get off, and keep his gun permit.
I requested material from the police on my arrest, including was the investigation closed, when and were my fingerprints and photograph destroyed. The police played games, refused to comply with written requests and only verbally said the matter was over. I wanted finality.
Can I consider the matter closed?
If I am asked in the future if I have been arrested, can I say no?
Can I get this expunged from my record so I could say I have not been arrested?
Can I get information on this incident from VIC police like a FOIA request?
