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.
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