Southern California Family Law Blog

Having a conviction for domestic battery under Penal Code section 243(e)(1) can have a dramatic effect on your life. Even after you have paid your debt to society by finishing your sentence, you may still find that your life is more difficult than it was before your conviction. You may be denied housing, job and school opportunities, and professional licenses if you have a conviction on your record.

However, for some persons convicted of this crime, California law does provide ways to remove the conviction from your record through a process known as expungement.

What Is Expungement?

Under California Penal Code 1203.4, expungement is a process that releases an individual from all penalties and disabilities that are associated with a criminal conviction. If you were convicted of a crime and satisfied all the terms of your probation, you may petition the court to have your criminal record expunged under Penal Code 1203.4. If the court grants your petition, you will be allowed to withdraw your guilty plea, set aside your conviction, and dismiss your case, which clears the criminal conviction from your record for most purposes.

What Can Getting My Record Expunged Do for Me?

Employers, schools, landlords and licensing bureaus often use criminal records to determine a person’s eligibility. A criminal expungement under Penal Code 1203.4 can help expand your employment options, give you more options for attending school, open doors to new housing, and help you obtain certain professional licenses that you would not have been able to obtain with a conviction on your record.

However, if your conviction disqualifies you from owning a firearm, you may not be able to recover this right because federal law imposes a lifetime ban on persons who were convicted of any domestic violence crime.

Can a Domestic Battery Conviction Be Expunged?

Most misdemeanor domestic violence convictions are eligible for expungement, and domestic battery under 243(e)(1) can only be charged as a misdemeanor. However, if you have repeatedly violated the terms of your probation, or if you committed other criminal offenses after your conviction, the court can deny your petition.

Generally, you must have completed any term of probation you are currently serving before the court can consider your petition.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today For Help With Your Case

Domestic battery is a serious crime that can have devastating consequences. That is why you should not hesitate to retain an experienced attorney as soon as possible to help you fight to clear your record once you have served your punishment. The attorneys at Wallin & Klarich have more than 35 years of successful experience in helping people like you defend themselves against domestic violence charges, including charges of domestic battery. Our dedicated and knowledgeable team of attorneys is ready to help you, too, and will use every resource available to help you obtain the best possible outcome to your case.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will get through this together.

Domestic Violence (2)

Domestic Violence Convictions Take Away Your Right to Bear Arms

The Second Amendment to the United States Constitution protects your right to keep and bear a firearm. However, under a new law that took effect on January 1, 2019, a conviction for domestic violence in California strips you of this right unless, under limited circumstances, you are pardoned or have your conviction expunged.

A Change to PC § 273.5 – Co

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New California Law Recognizes Pets as Family in Divorce

Divorce cases are often messy battles where bitterness and anger becomes a motivating force for the parties involved. Divorcing couples often find it difficult to maintain civility when child custody, spousal support and valued possessions are being split up. Determining custody of pets can be especially difficult because family law courts have treat… Continue Reading.......

How to Share a Residence While Divorce is Pending

Many couples who are getting divorced realize that moving out of the family home is not easy. That is why some divorcing couples choose to stay in the same home during the divorce process. However, this can be very difficult for all members of the family. If you plan to share a home with your soon-to-be ex-spouse, follow these tips.

Determine Financial Respons

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How to Avoid Going to Court for Child Custody

Custody disputes are never easy. In most cases, each parent thinks their child would be better off in their custody, and it often turns into a competition between parents. That is why attempting to settle custody matters before going to family law court may be best for all parties. So, how can you avoid the judges, litigation, testimony and expensive court fe… Continue Reading.......

Why Are There So Many Divorces in January?

With the start of a new year, many people make New Year’s resolutions. They may pledge to be healthier or to save more money. However, for many others, the start of a new year brings an even bigger change to their lives: divorce. Aside from marking the start of a new year, the first of January also is the beginning of “Divorce Season.” Starting in January and throu… Continue Reading.......

Completing a Child Dependency Reunification Plan

During a child dependency, your child will likely be taken from you to live with a family member or placed in a foster home. For both you and your child, the duration of the case will be a time filled with anxiety and fear of what could happen if the court does not decide in your favor. Fortunately, the courts are generally willing to give parents an opportunity to p… Continue Reading.......

Best Parenting Plans for School-Aged Children After Divorce

Going through a divorce can be one of the most difficult times of your life. It can be even worse if you have a school-aged child caught in the middle of your divorce. School-aged children can be affected by a divorce because they are more aware than younger children. To make things easier for your child, it’s important to follow a parenting plan while your divorContinue Reading.......

5 Tips for Splitting Custody During the Holidays

The holidays are meant to be a time of happiness where you enjoy the company of your family and loved ones. However, this time of year can be difficult for families who have gone through a divorce or custody battle. Parents don’t always see eye to eye when it comes to how their children spend the holidays, and this could lead to arguments and resentment. To avoid a… Continue Reading.......