Can a Misdemeanor Domestic Violence Conviction Be Expunged?
Under California Penal Code 1203.4, a person convicted of misdemeanor domestic violence can seek an expungement. However, they must ensure that they meet the eligibility requirements.
The individual can petition for expungement if:
- They have not been charged with any other offenses after being convicted for domestic violence,
- They are not on probation or parole for any other crime, and
- They satisfied the terms of their probation.
If the individual was not placed on probation, they must wait 1 year from the date of their conviction to seek expungement (California Penal Code 1203.4a).
If the individual is still on probation, they are not wholly barred from petitioning for expungement. They can ask the court for early termination of probation and then apply for expungement after their sentence has been modified (if their request is granted).
Can a Felony Domestic Violence Conviction Be Expunged?
In some cases, a felony domestic violence conviction can be expunged. The same law applies to a misdemeanor expungement. Like a misdemeanor case, the person seeking expungement of a felony must have fulfilled the terms of their probation, cannot have any pending charges, and not be on probation for another offense.
However, the following additional considerations apply to felonies:
- If the individual was sentenced to county jail and ordered to mandatory supervision, they must wait 1 year after completing their sentence before seeking expungement.
- If they were not ordered to mandatory supervision, they cannot petition for expungement until 2 years after their sentence.
- If they were sentenced to state prison, they are only eligible for expungement if the offense they were convicted of now carries only a county jail sentence. Otherwise, they cannot seek post-conviction relief.
What Domestic Violence Convictions Cannot Be Expunged?
If the domestic violence offense was especially severe (for instance, it involved rape or a child), it is unlikely that the conviction can be expunged.
Also, if the individual was put on probation – whether for a felony or misdemeanor offense – and they violated the terms and conditions of probation, it is at the court’s discretion whether the conviction may be expunged.
The individual may be unable to get their domestic violence conviction expunged if they have committed or are still under sentence for another criminal offense.
Even if the individual has served prison time because of their felony conviction, getting a pardon from the Governor in certain exacting conditions may be possible. A Certificate of Pardon and Rehabilitation is a unique form of expungement that may be granted when the individual has shown themselves to have been genuinely committed to rehabilitation and has steered away from any conflicts with the law for a specified period.
Contact Our Orange County Domestic Violence Expungement Lawyer Today
A domestic violence conviction can impose severe limitations on your life. Seeking an expungement can be challenging because of these offenses' intricacies and emotional nature. That is why it is essential to hire an Orange County domestic violence expungement attorney with experience handling domestic violence matters and expungements.
At the Law Offices of Randy Collins, our Orange County domestic violence expungement lawyers have a sound grasp of these cases. We know what facts to focus on and what strategies to pursue post-conviction relief.
Take the first step toward a fresh start. Contact a trusted Orange County domestic violence expungement attorney who can guide you through the expungement process with knowledge and care.
Frequently Asked Questions About Domestic Violence Expungement in Orange County
Can expunging a domestic violence conviction improve my employment opportunities?
Yes. Many employers conduct background checks before hiring. An expungement can show that your case was dismissed after you completed the court’s requirements, which may improve your chances of securing employment, professional licensing, or career advancement opportunities.
How long does the domestic violence expungement process take in California?
The timeline can vary depending on the court and the complexity of the case. In many Orange County cases, the process may take several weeks to a few months from the date the petition is filed until the court issues a decision.
Will an expungement completely erase my criminal record?
No. An expungement does not completely destroy or seal the record. Instead, it updates the record to show that the conviction was dismissed. Certain government agencies and law enforcement entities may still be able to view the case under limited circumstances.
Can I expunge a domestic violence conviction if I violated probation?
Possibly. A probation violation does not automatically prevent expungement, but it can make the process more difficult. The court has discretion to deny or approve the request based on the circumstances, rehabilitation efforts, and overall compliance since the violation occurred.
Do I need a lawyer to file for a domestic violence expungement?
Although it is possible to file on your own, working with an experienced Orange County domestic violence expungement attorney can help reduce mistakes, ensure proper documentation is submitted, and improve the likelihood of a successful outcome.
Can a restraining order affect my eligibility for expungement?
A restraining order itself may not automatically disqualify you from expungement, but the circumstances surrounding the order and whether you complied with all court requirements could impact the judge’s decision.
Will expungement restore my firearm rights in California?
Not necessarily. Expungement under California Penal Code 1203.4 does not automatically restore firearm rights lost because of a domestic violence conviction. Additional legal remedies may be required depending on the offense and sentencing history.
Can I apply for expungement if my domestic violence case was reduced from a felony to a misdemeanor?
Yes. In some situations, a felony domestic violence offense may first be reduced to a misdemeanor before expungement is sought. This process often depends on the nature of the conviction and whether the offense qualifies for reduction under California law.
Does expungement help with housing applications?
It can. Landlords frequently review criminal records during tenant screenings. Having a domestic violence conviction dismissed through expungement may improve your ability to qualify for rental housing and reduce concerns during background checks.
What should I bring to a consultation with an Orange County domestic violence expungement attorney?
You should bring any court records, sentencing documents, probation information, proof of completed classes or community service, and details about your criminal history. These documents can help the attorney evaluate your eligibility and develop the strongest possible strategy for post-conviction relief.
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