In most cases, a California domestic violence conviction can be expunged once you have completed probation. The term expungement in California technically refers to a dismissal under Penal Code § 1203.4.
Domestic Violence in California
In California, domestic violence covers several distinct offenses, ranging from misdemeanors to serious felonies. The charge depends on the conduct, the severity of any injury, and the relationship between the parties.
- Corporal Injury to a Spouse or Cohabitant (Penal Code § 273.5) applies when an intimate partner inflicts a physical injury that results in a visible mark. It is a “wobbler,” meaning prosecutors can file it as a misdemeanor or a felony.
- Domestic Battery (Penal Code § 243(e)(1)) is any willful and unlawful touching of an intimate partner that is harmful or offensive. No visible injury is required. This is a misdemeanor.
- Child Abuse (Penal Code § 273d) involves inflicting cruel or inhuman corporal punishment or injury on a child. It is also a wobbler.
- Child Endangerment (Penal Code § 273a) refers to willfully allowing a child in your care to suffer harm or be placed in a dangerous situation, even without direct physical contact.
- Criminal Threats (Penal Code § 422) involves threatening to seriously harm someone. It is often charged alongside other DV offenses.
- Aggravated Trespass (Penal Code § 601) refers to making a threat and then entering the victim’s home or workplace soon after.
- Violating a Protective or Restraining Order (Penal Code § 273.6) covers knowingly violating the terms of a court-issued order.
The classification of these offenses matters for expungement analysis. Most of these are eligible for dismissal once probation is complete. In many cases, a felony wobbler can often be reduced to a misdemeanor.
Who Qualifies for a Domestic Violence Expungement?
To be eligible for expungement, you generally must meet these conditions:
- You completed probation. This means finishing every term, including counseling, community service, fines, and restitution.
- You did not serve a state prison sentence. If you were incarcerated, you may still qualify if the offense would have sent you to county jail under Proposition 47 realignment.
- You are not facing other charges. You cannot be charged with or serving a sentence for any other offense.
If you violated your probation terms, you are not automatically barred from seeking expungement. The judge has discretion to grant relief after a hearing. The court will weigh your overall compliance with your probation, the seriousness of the offense, and your record since.
What an Expungement Does Not Do
A § 1203.4 dismissal can improve your criminal record, but it does not totally erase the offense.
It does not seal or destroy the record. Law enforcement, courts, and many government agencies can still see it.
It also does not erase immigration consequences or firearm restriction. A domestic violence conviction can still affect your immigration status. Additionally, a conviction carries firearm restrictions that an expungement alone does not lift.
Importantly, expungement does not always prevent the conviction from being used as a prior in a future case.
Even with these limits, an expungement removes a major barrier to employment and housing and gives many people a fresh start.
How the Process Works
Outstanding fines or unfinished programs must be resolved before you seek expungement. To start the process, your attorney will file a Petition for Dismissal (Form CR-180) in the court that handled your case. The court will review your compliance with the terms of your probation and penalties and, in some cases, holds a hearing. The court will usually render a decision within a few months.
If your conviction was a felony, your attorney might first petition the court to reduce it to a misdemeanor, which can strengthen your position before seeking dismissal.
If you have a San Diego domestic violence conviction and want to know whether you qualify for expungement, contact the San Diego criminal defense lawyers at George H. Ramos, Jr. & Associates for a confidential consultation.