A domestic violence charge can have serious consequences for an individual’s future, affecting employment opportunities, housing applications, and other aspects of life.
In California, the process of expunging a domestic violence charge from one’s criminal record can provide an opportunity to move forward without the lasting impact of a conviction. However, expungement is not guaranteed, and certain conditions must be met.
What is expungement?
Expungement is the legal process of removing a criminal conviction from an individual’s public record. In California, expungement can be granted for misdemeanor and some felony convictions, but it does not completely erase the record. Instead, it can change the conviction’s status so that it is no longer visible to most employers or agencies during background checks. The individual may be able to legally state that they have not been convicted of the offense on certain forms, but the conviction still exists in law enforcement databases.
Eligibility for expungement after a domestic violence charge
To be eligible for expungement, the person must have completed their sentence, including any probation or parole. Additionally, they must not have committed any new offenses. If the individual was convicted of a misdemeanor domestic violence charge, they may be eligible for expungement if they meet these requirements.
For felony convictions, expungement is more complex and often requires petitioning the court for a reduction of the felony charge to a misdemeanor before expungement is considered.
The expungement process
The process involves filing a petition with the court, paying any required fees, and attending a hearing. The court will review the case to determine if expungement is appropriate. Factors such as the nature of the crime, the defendant’s behavior since the conviction, and any prior criminal history will be considered.