Domestic Violence Expungement

Expunge Domestic Violence Case in California

Commonly referred to as DV offenses, domestic violence cases are common in criminal court proceedings in California. The severity of each case differs, with everything from severe to no injury at all.

Typically, prosecutors are determined to secure a conviction in cases such as these. Additionally, when the police have been called and arrive on the scene of a domestic dispute, they often follow protocol which dictates that an arrest needs to be made. This can occur even if the victim did not call and/or does not wish to press charges. In turn, one of the parties involved in the domestic dispute will be booked for a felony offense and must post bond.

Many times, because of these factors, individuals can feel pressured into a settlement without fully comprehending the effects of such a conviction.

Domestic Violence and Firearms in California

Under the enactment of 1966 Lautenberg Amendment to the Violence Against Women Act, Federal Law prohibits firearm ownership of anyone convicted of domestic violence.

In addition in § 12021 c 1 of the California Penal Code, there is a 10 year prohibition from firearms rights if convicted of a misdemeanor DV charge.

It is important to note that even if the conviction is expunged, these rights are not reinstated.

What Kind of Domestic Abuse Cases Can be Expunged?

Domestic Violence cases typically involve a probation period of three years, restitution, a fine and 52 weeks of anger management classes. As long as the sentencing did not involve state prison time, cases like these can be expunged. Additionally, felony cases can be reduced to misdemeanor and then expunged.  Give us a call today and we will help determine your eligibility!

The Most Common DV Convictions

The most common DV convictions include:

• California Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant
  “(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony….”Any bruise, mark etc can be considered a traumatic condition. This case is up to interpretation by the prosecution, meaning that depending on the details of the case, the defendant can be charged with a felony or misdemeanor.
• California Penal Code 243(e)(1) Domestic Battery
  “When a battery is committed against a spouse, a person with whom the defendant is cohabiting…”Battery against a person with whom the defendant has an intimate relationship means that a person willfully and/or unlawfully touched an intimate partner while using violence or force of some kind. This can be through clothing, and does not have to result in injury or pain to secure a conviction. If convicted of this offense, it can involve a fine, imprisonment or both.
• California Penal Code 422 Criminal Threats
  “Anyone who willfully makes a threat to commit a crime that can result in great bodily injury or death to someone, with the intent that their statement is to be taken as a threat, even if there is no intent to actually carrying it out, which was specific to the person threatened, an immediate prospect of execution of the threat, causing a victim to be in fear of their safety or immediate family.”The threat must involve either great bodily harm or death, and can be made verbally, written, or over electronic communication such as internet, text, email etc. Prosecutors must prove the threats were intended to be taken seriously and caused both a reasonable and sustained fear.This violation in particular is considered very serious in the state of California, as it not only includes severe penalties, but is also considered a strike in California’s “Three Strike” law.

Contact us today and receive your free consultation to expunge your domestic violence from your record.