Misdemeanor domestic violence expungement
Can a Misdemeanor Domestic Violence be Expunged? It’s one of the most common questions I get in my practice. Domestic violence convictions may be expunged in the Orange County Courts if have been convicted and completed your probation. You ask your lawyer to file a motion, pay a fee, and appear in court.
Most employers conduct background checks. However, many employers do not consider the circumstances surrounding a domestic abuse case. An individual may be arrested for domestic violence even if he/she did not commit the crime. In some cases, police officers may arrest both individuals involved in a domestic dispute. After the record is expunged, getting a job should be much easier.
The law that outlines domestic violence expungement is 1203.4. In order to expunge a domestic violence conviction the person must complete the terms of his or her probation. Once he or she completes the term of probation, there must be no new on going cases. 1203.4 says that the court will set aside the conviction by vacating the judgment or changing the guilty plea from a guilty to a not guilty and dismissing the case.
Can a misdemeanor domestic violence be expunged if the District Attorney Objects against it because I am still on probation?
No. There are times when a person will still be on probation. The usual time for probation is 3 years, however people for one reason or another may have been on probation for 5-7 years because they did not realize that they were in violation and the probation time tolled which means they do not get credit.
If this is the case then the person can petition the court for an early termination of probation which is codified in 1203.3. This has to be accompanied by a substantial reason to get over the objection by the Orange County District Attorneys Office. One compelling reason is that there is an upcoming job loss and looking for a new job can be considered a compelling circumstance.
Can a misdemeanor domestic violence be expunged if I was arrested but never charged?
In California, if you were convicted of domestic violence, your record may be expunged after 3 years years provided that you did not violate probation . However, if you were arrested for a domestic violence but never charged because the no charges were filed on your domestic violence case, then an expungement is not the right vehicle for you to use. Instead, you can seal your arrest record with a Penal Code 851.91 or 851.8.
Can a misdemeanor domestic violence be expunged if I don’t terminate my probation?
No. A Conviction for domestic violence is never eligible for expungement if you are still on pronation. However, a misdemeanor conviction for domestic violence is eligible once you have a successful termination of probation.
What are the Expungement Requirements?
A requirement for expunging your domestic violence charge and clearing your criminal records is that you have to be finished with you probation. Domestic violence arrests do not automatically disappear after you are done with probation. Even if it is your first offense and you have completed your 52 week anger management class without any absences.
Domestic Violence Expungement Restrictions Other restrictions from expunging a domestic violence is that it will not restore your gun rights and it can still be used to impeach you.
Some domestic violence arrest but not all can be sealed. A domestic violence arrest or criminal charge can be sealed pursuant to Penal Code 851.91 if the charge was later dismissed, not filed, or a not guilty was obtained in trial by your criminal defense lawyer. Once it is expunged or sealed then it will not be on your public criminal records.
What are the Domestic Violence Expungement Restrictions?
Other restrictions from expunging a domestic violence is that it will not restore your gun rights and it can still be used to impeach you.
Some domestic violence arrest but not all can be sealed.
A domestic violence arrest or criminal charge can be sealed pursuant to Penal Code 851.91 if the charge was later dismissed, not filed, or a not guilty was obtained in trial by your criminal defense lawyer. Once it is expunged or sealed then it will not be on your public criminal records.
What are the Chances of a Successful Domestic Violence Expungement?
If everything is done correctly during probation then the chances are good that the domestic violence expungement will succeed and you will have a clean background check. On the other hand, if the person had several probation violations and picked up new charges then there will be problems.
If my charge gets dismissed is my criminal record clear?
In criminal proceedings, the court may seal or expunge records of arrests and/or convictions. However, this does not apply to your RAP sheet. The RAP sheet is a law enforcement database and its access is restricted to only you and the state. Employers are forbidden from asking for it. In order to make it completely clear you will need to do a motion for factual innocence. If you get the factual innocence then all public record including information on the rap sheet will disappear. You would not even need to disclose it for the purpose of a professional licenses application.
Can a Misdemeanor Domestic Violence be Expunged? The answer is yes with caveats. You will want to make sure you are a good candidate when moving forward with the expungement.