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