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How to expunge California domestic violence record

A guide to clearing your domestic violence record in California

Want to know if and how to expunge a domestic violence record?

This San Diego Domestic Violence Defense Pros article got the answers.

Navigating the legal aftermath of a domestic violence conviction can be a complex and emotionally taxing process.

In California, the impact of such a conviction can extend far beyond the courtroom, affecting employment, housing, and personal relationships.

Understanding the most common types of DV convictions and the possibility of California expungement is the first step toward moving forward.

What's the most common DV conviction

In the state of California, domestic violence offenses are taken very seriously.

The most common conviction is for domestic battery, outlined in California Penal Code 243(e)(1), which is typically charged as a misdemeanor.

This statute covers the unlawful and willful use of force or violence against a spouse, cohabitant, or the parent of one's child.

Another prevalent conviction falls under Penal Code 273.5, which involves inflicting corporal injury resulting in a traumatic condition upon an intimate partner.

This offense can be charged as either a misdemeanor or a felony, depending on the severity of the injuries and the defendant's criminal history.

Can domestic violence be expunged?

The possibility of expungement is a beacon of hope for those seeking to rebuild their lives.

Expungement in California allows individuals to have their conviction dismissed, effectively releasing them from all penalties and issues resulting from the offense, subject to some exceptions.

Expunging a misdemeanor DV: Is it possible?

Yes, expunging a misdemeanor domestic violence conviction is possible in California. However, certain conditions must be met:

  • Successful completion of probation.
  • All fines, restitution, and counseling programs ordered by the court must be completed.
  • The applicant must not be currently charged with a criminal offense, on probation for another offense, or serving a sentence for another offense.

How long does domestic assault stay on your record?

Without clearing your record, a domestic assault conviction remains on your record indefinitely.

It can continually affect one's ability to secure employment, obtain professional licenses, and pass background checks.

The impact of domestic violence expungements in California

Studies indicates that individuals who obtain expungement are less likely to reoffend, emphasizing the social benefits of this legal provision.

Furthermore, individuals who had their convictions dismissed saw a significant improvement in their earning potential and opportunities for employment.

How to get California domestic violence charges expunged

Hire a lawyer

The expungement process can be intricate and is best navigated with professional assistance.

Research from Harvard Law School highlights the significance of legal aid in the expungement process.

A randomized controlled trial conducted by researchers showed that individuals with professional legal assistance had a markedly higher success rate in expunging their records.

Here are the key benefits, underscored by the study's preliminary findings:

  • Increased likelihood of success with legal assistance: The study found that over 70% of participants with legal representation achieved some form of record clearing within six to seven months, with 90% eventually expunging their records entirely.
  • Self-help increases failure: In contrast, only about 13% of individuals who used self-help resources were able to expunge their records.

Our experienced and skilled law office, The San Diego Domestic Violence Defense Pros lawyers, specializes in guiding individuals through the legal channels necessary to clear their names.

Hiring our skilled attorney provides several advantages:

  • Expertise in state laws: Our law office seasoned attorneys understands the nuances of California Penal Codes and how they apply to your unique case.
  • Navigating paperwork: The paperwork involved in expungement can be daunting. An attorney can ensure all documents are correctly filed.
  • Court representation: Our lawyer can speak on your behalf in court, presenting your case in the most favorable light.

Call to speak to a domestic violence attorney for a free consultation

Embarking on the journey to expunge a California domestic violence conviction can feel overwhelming, but you don't have to do it alone. Reach out to our attorneys to schedule a consultation.

Our team of compassionate and knowledgeable attorneys is ready to help you clear your record and reclaim your future.