Impact of a Domestic Violence Arrest Record
Having a domestic violence arrest on your record can cast a long shadow over your future opportunities and personal relationships. The mere presence of such a record, regardless of the outcome of the charges, can lead to stigmatization and complications in various aspects of life. However, options like sealing the charge, pursuant to Penal Code 851.91, might offer a reprieve. This article explores the complexities surrounding domestic violence charges, their implications, and possible pathways to rectify your record.
Impact of a Domestic Violence Arrest Record
Having a domestic violence arrest on your record can cast a long shadow over your future opportunities and personal relationships. The mere presence of such a record, regardless of the outcome of the charges, can lead to stigmatization and complications in various aspects of life. However, options like sealing the charge, pursuant to Penal Code 851.91, might offer a reprieve. This article explores the complexities surrounding domestic violence charges, their implications, and possible pathways to rectify your record.
Understanding the Ability to Seal a Charge
The presence of a criminal record, especially one with a domestic violence arrest, can be a significant burden. Negative consequences can arise from merely being arrested and facing potential criminal proceedings. Even if one is arrested and the case is rejected or not charged, societal repercussions persist because the arrest and, if filed, dismissed court records are still visible.
Eligibility and Process to Seal a Charge
If you find yourself with a domestic violence charge, it is essential to know whether it can be sealed under Penal Code 851.91 and how it applies to your case. If you have been convicted of domestic violence, sealing is not an option, but expungement might be. This article outlines the process to seal a charge where criminal charges are not pursued in court and discusses alternatives for individuals aiming to clear their criminal history stemming from a Domestic Violence incident.
Implications of a Dismissed Charge
If your charge for a domestic violence-related offense gets dismissed or dropped, it does not automatically clear your criminal record in California; your arrest records still exist. Although they may be subject to being sealed through a court order, this does not occur automatically. Sealed charges may still appear in certain background checks, and in some states, the police or courts may still have access to your criminal offenses.
Sealing a Domestic Battery Charge and Expungement Differences
Sealing a domestic violence charge and expungement are distinct processes. If you plead either guilty or no contest in a domestic violence case, it disallows the sealing of charges from your criminal record. However, if a domestic violence offense results in a conviction, expungement under 1203.4 is possible after a probationary period, allowing legal denial of ever having been convicted for the charge.
Challenges and Implications of Domestic Violence Arrest Charge
A domestic violence arrest charge, even without a conviction or court case, can remain on one’s record for life, potentially discouraging potential employers and causing various long-term difficulties. Therefore, seeking professional help immediately to seal a domestic violence charge connected with the event is crucial to prevent further repercussions.
The Sealing Process Under California Statute 851.91
The process to seal a domestic violence charge involves filing paperwork with the court and serving the arresting agency and the prosecutor, followed by a review by the judge and possibly a hearing involving law enforcement and the district attorney. Once approved, your arrest record will be immediately sealed from public view.
Legal Ramifications and Benefits of Sealing
Successfully sealing a domestic violence charge will prevent the public from obtaining records relating to your arrest, protecting your record of arrests from any public view. However, this does not erase your arrest; law enforcement and the government will still have access to it. Nonetheless, sealing under Penal Code 851.91 allows you to legally deny having been arrested on your criminal background checks.
Eligibility, Exceptions, and Burden for Sealing
To be eligible to seal a domestic violence charge, one must wait for the statute of limitations on the case to run. However, certain patterns of conduct and crimes, like child abuse and neglect, can bar individuals from this relief. It’s crucial to prove that you qualify for this remedy and that the statute of limitations has run on your case.
Distinction Between Sealing Records and Factual Innocence Petition
Sealing records and petitioning for factual innocence are different, with the former keeping arrest records confidential and the latter involving proving one’s innocence. Understanding these distinctions and following the appropriate legal processes are crucial in dealing with the aftermath of a domestic violence charge.
How do I seal my domestic violence charge?
After that you are eligible to seal your domestic violence charge. An arrest record can only be sealed by filing a specific petition with the court and serving the appropriate parties.
What are the legal ramifications?
If you seal a domestic violence charge successfully it will prevent any member of the public from obtaining records relating to your arrest or documents within your court case. This law enforcement agency may not release what they have on you relating to this arrest. Your record of arrests is protected against anyone who wants to see it.
What is the eligibility for sealing my arrest records?
The first thing you have to do is wait for the statute of limitations on your case to run if you want to seal a domestic violence charge. This means waiting for the case to not be filed for the year. If you do not do this then there is a high chance your petition will be denied. If your case is still within the year and your domestic violence case has not been filed yet then you will want to know what it means.
What are the Exceptions that would disqualify me from Sealing my Domestic Violence Charge?
If you have a pattern of this conduct then this will bar you from the relief of sealing your criminal arrest. For example child abuse and neglect. The term “pattern” is defined as either: Two of more convictions of the above crimes; or Five or more separate arrests each within 3 years from each other. These exceptions usually fall under the crimes of elder and child abuse.
What is the burden?
You have the initial burden to prove that you qualify for this remedy. However, unlike 851.8 where you have to prove you were factually innocent. The prosecution in this case will bring in the law enforcement agency and put on a hearing with the police officer. However the burden for 851.91 is different. For 851.91 you only have to prove that the statue of limitations have run on your case and that no case has been filed from this incident.
Does an Sealing my Domestic Violence Case erase my arrest?
Contrary to popular belief, sealing your domestic violence case does not erase your arrest. Law enforcement and the government will still have access to it.
What is the legal benefit sealing my Domestic Violence Charge?
Sealing your domestic violence under Penal Code 851.91 pc will order all records relating to your case to be closed and not available for viewing by any member of the public. It will also allow you to legally answer that you have not been arrested if anyone ask you a direct question as to whether you have been arrested on your criminal background checks.
What if the court grants my petition to seal?
If the court grants your petition to seal under PC 851.91, then there are statutory formalities that must be followed: The court will transmit a disposition report to the California Department of Justice.
Issue a written order to you, the prosecution, and arresting agency that your records are ordered sealed. A copy will provided to you in the form of an order for your records.
Issue an order that the arrest is deemed not to have occurred and the petitioner will be released from all penalties or disability as a result of your arrest. This means that even if someone does see it then they can’t use it against you.
The police agency must seal all investigative reports relating to your arrest and not be accessible by any member of the public. This means that if someone like a victim wanted or a relative wanted the report then normally they can get it. However, after the sealing then they would be prohibited from seeing.
The court records will be sealed and not be made public; Order that it is a civil penalty to disseminate sealed court and arrest records.
What is the difference between sealing records and petitioning for factual innocence?
As explained above, the 851.8 or factual innocence involves proving that you did not do it. This means that even if an officer has no proof but thinks that you did it then the relief will be denied. This is not the case with 851.91 where you only have to prove that the statue of limitations has run on the Domestic Violence case and that no case will be filed.
How Do I Seal My Domestic Violence Arrest Records?
If you have been arrested for domestic violence, you may be able to get your criminal records sealed in order to protect your privacy. In order to do so, you must first file a petition in the court where the case was heard or handled. The court will then decide whether or not to grant the petition and seal your records. Generally, if a court decides to seal your records it means that all information regarding your arrest and/or conviction related to the domestic violence case is no longer available for public view. Additionally, employers and background check companies are legally barred from accessing this information in most cases. This process is not available if you have a domestic violence conviction. If you have a conviction you should go with the expungement process instead.
It is important to note that each state has different laws and regulations regarding sealing criminal records stemming from domestic violence convictions, so it is best to consult with a lawyer familiar with those laws before taking any further steps.
How Is Sealing Different From Expungement In California?
In California, sealing and expungement are two different procedures that both help individuals who have been arrested for domestic violence. Sealing is the process of keeping arrest records away from the public eye and confidential. This means that the information will not be accessible to the public or employers unless granted permission by a court order.
Expungement is the process of undoing a conviction. This effectively undoes the conviction and changes the plea to a not guilty and dismisses the case. This makes it so that the person can answer that they have not been convicted of the charge.
Each one of these reliefs addresses a different scenario. One deals with California Penal Code 1203.4 and the other one deals with California Penal Code 851.91. However each must be requested from the court by filing a petition.
Conclusion and Legal Assistance
Navigating the aftermath of a domestic violence charge can be challenging. However, understanding your rights and available legal avenues is crucial. By taking the right steps and consulting with experienced professionals, one can move beyond past mistakes and work towards a brighter future.
For assistance, call (714) 589-3063 to hire an experienced Orange County Domestic Violence Attorney.
