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Domestic Violence Expungement in Los Angeles
Domestic Violence Expungement in Los Angeles
Getting charged with domestic violence can have lasting consequences on your life. Even after you serve your sentence, a domestic violence conviction stays on your record and can make it hard to get a job, rent an apartment, or get approved for loans. But in some cases, you may be able to get your domestic violence conviction expunged in Los Angeles.
Expungement is the process of having your criminal record sealed by the court. When your record is expunged, your conviction won’t show up on most background checks. This can help give you a fresh start and make it easier to move on with your life after domestic violence charges.
What is Domestic Violence in California?
Domestic violence refers to abuse committed against a spouse, former spouse, cohabitant, former cohabitant, or someone you have a child with. This includes:
- Physical abuse like hitting, kicking, or strangling
- Sexual abuse like rape or sexual assault
- Emotional abuse like threats, intimidation, or stalking
- Financial abuse like stealing money or ruining credit
In California, domestic violence charges can include misdemeanors like battery or criminal threats. Felony domestic violence charges are also possible for more serious offenses.
Requirements for Domestic Violence Expungement in California
California law allows for expungement of some – but not all – domestic violence convictions. Here are some key requirements:
- Only misdemeanor convictions are eligible – felonies cannot be expunged
- You can only expunge a conviction that is your first domestic violence offense
- You must complete probation successfully
- You must wait at least 10 years after the conviction before expunging
These limitations make domestic violence expungement in California difficult. Getting a felony domestic violence conviction expunged is not possible. And even with a misdemeanor, you must avoid re-offending for 10 years before you can clear your record.
How to Get Your Record Expunged After Domestic Violence Charges
If you meet the requirements, the process for domestic violence expungement involves a few key steps:
- File a petition with the court in the county where you were convicted
- Serve the petition to the District Attorney’s office
- Attend your court hearing when scheduled
- Receive the court order if your petition is approved
The petition requires gathering information like details of your conviction, your full criminal history, and what you have done since the conviction. Letters of support from employers, teachers, or community members can help show you deserve expungement.
At the hearing, the judge reviews your petition and determines whether to grant expungement. If approved, you’ll receive a court order stating your conviction is dismissed and your record is sealed from public view.
How an Attorney Can Help
Trying to navigate the expungement process on your own can be extremely difficult. An experienced criminal defense attorney can help by:
- Reviewing your eligibility for expungement
- Preparing and filing the necessary paperwork
- Representing you at court hearings
- Increasing your chances of getting approved
Having an attorney in your corner levels the playing field against the District Attorney’s office and gives you the best shot at getting your record cleared.
Benefits of Expunging Domestic Violence Charges
Getting your domestic violence conviction expunged can change your life. Some key benefits include:
- Passing employer background checks to get hired
- Qualifying for professional licenses
- Renting an apartment without denial for criminal history
- Improving chances of getting approved for loans and credit
- Restoring gun ownership rights in some cases
- Feeling free from the stigma of a criminal record
While limited, expungement in California offers a second chance for people seeking to move past a domestic violence conviction. Connecting with an attorney to understand the expungement process is the first step.
Domestic violence charges can carry harsh penalties in California. But in some cases, expungement may help you get your life back on track. Understanding the legal options for record clearance is important if you are seeking relief after domestic violence allegations.
References
[1] Domestic Violence Expungement in Los Angeles
[2] How to Expunge California Domestic Violence Cases
[3] Can a Domestic Violence Charge be Expunged in California?
[4] FAQ: Can A Conviction For Domestic Violence Be Expunged In California?
[5] Criminal Expungement For Domestic Violence
[6] Can You Expunge a Domestic Violence Charge in California?