A California domestic violence conviction may qualify for expungement or dismissal under Penal Code section 1203.4, depending on the conviction, sentence, probation status, and other circumstances. However, a dismissal does not erase the conviction or automatically eliminate every consequence associated with a domestic violence case.
A domestic violence conviction can continue affecting employment, professional licensing, firearm rights, and other areas of a person’s life long after the criminal case has ended.
For some people, California’s post-conviction relief laws provide an opportunity to have the conviction dismissed.
This process is commonly called “expungement,” although California expungement does not literally erase the criminal record.
Can a Domestic Violence Misdemeanor Be Expunged?
Potentially, yes.
Many misdemeanor domestic violence convictions can qualify for dismissal under Penal Code section 1203.4 after probation and the other requirements for relief have been satisfied.
Common domestic violence-related convictions can include offenses such as:
- Domestic battery
- Corporal injury to a spouse or cohabitant
- Criminal threats
- Violation of a protective order
- Other misdemeanor offenses arising from a domestic dispute
Whether a particular conviction qualifies depends on the exact offense, sentence, probation history, and current circumstances.
What Are the Requirements for a Misdemeanor Expungement?
California Courts currently explains that a person seeking dismissal of a misdemeanor conviction generally must:
- Have no new criminal cases pending
- Not currently be on probation or parole in another case
If probation in the domestic violence case is still active, it may also be possible to ask the court to terminate probation early under Penal Code section 1203.3 and then request dismissal.
When a person has successfully satisfied the terms and conditions of probation, or the court has terminated probation early, the court generally must grant qualifying relief under Penal Code section 1203.4.
What If I Violated Probation?
A probation violation does not necessarily make expungement impossible.
If a person did not successfully satisfy all terms and conditions of probation, the court may still have discretion to grant the petition.
In that situation, the person may need to demonstrate why granting the dismissal would be in the interests of justice.
Factors that may be relevant can include:
- The nature of the probation violation
- How the person performed during the remainder of probation
- How much time has passed
- Employment and educational history
- Rehabilitation
- Family and community responsibilities
- The reason post-conviction relief is being requested
A probation violation therefore should not automatically be treated as the end of the analysis.
Can Probation Be Terminated Early?
Potentially.
Penal Code section 1203.3 gives California courts authority to terminate probation before its scheduled expiration in appropriate cases.
If early termination is granted, a person may then be able to seek dismissal under Penal Code section 1203.4.
Early termination is not automatic.
The court will consider the circumstances of the case and whether terminating probation early is appropriate.
What Happens When a Domestic Violence Conviction Is Expunged?
When relief is granted under Penal Code section 1203.4, the defendant is generally permitted to withdraw a guilty or no-contest plea and enter a plea of not guilty, or a guilty verdict can be set aside.
The court then dismisses the accusation against the defendant.
This can provide meaningful benefits, particularly in employment and other situations in which California law restricts consideration of dismissed convictions.
However, the conviction does not simply disappear.
The criminal record generally continues to show the original case and the later dismissal.
For a more detailed explanation of the process, visit our Fresno Expungement & Post-Conviction Relief page.
Does Expungement Seal a Domestic Violence Conviction?
Not ordinarily.
Expungement and record sealing are different forms of relief under California law.
A dismissal under Penal Code section 1203.4 generally changes the disposition of the criminal case to reflect that the conviction was dismissed.
It does not ordinarily destroy the court file or make every record of the case disappear.
California has separate laws governing the sealing of qualifying arrest and conviction records.
Depending on the circumstances, a person’s record may also qualify for relief under one of those provisions.
Can a Felony Domestic Violence Conviction Be Expunged?
Some felony convictions can also qualify for post-conviction relief.
The appropriate procedure depends heavily on the conviction and sentence.
For example, some California offenses are “wobblers,” meaning they can be treated as either felonies or misdemeanors.
In qualifying cases, Penal Code section 17(b) may allow a court to reduce a felony wobbler to a misdemeanor.
A person may then be able to pursue additional record-clearing relief.
California law has also changed significantly regarding post-conviction relief for people who served prison sentences, so someone should not assume that an old felony is automatically ineligible simply because of the sentence originally imposed.
The conviction and sentencing history should be reviewed individually to determine which current remedy may apply.
Does Expungement Restore Firearm Rights After a Domestic Violence Conviction?
Not necessarily.
This is one of the most important limitations of California expungement.
A domestic violence conviction can result in state or federal restrictions on possessing firearms or ammunition.
Obtaining a dismissal under Penal Code section 1203.4 does not automatically restore firearm rights.
The firearm consequences depend on factors including:
- The exact offense of conviction
- Whether the conviction was a misdemeanor or felony
- The relationship between the defendant and the alleged victim
- California firearm law
- Federal firearm law
- Whether a protective or restraining order remains in effect
Because firearm restrictions involve separate state and federal laws, a person should not purchase, possess, or attempt to obtain a firearm based solely on the fact that a domestic violence conviction was dismissed.
For additional information about the criminal consequences of domestic violence charges, visit our Fresno Domestic Violence Attorney page.
Does Expungement End a Domestic Violence Restraining Order?
Not automatically.
A criminal conviction and a restraining or protective order can involve separate legal orders and procedures.
Having a conviction dismissed under Penal Code section 1203.4 does not by itself terminate an active restraining order.
If a restraining order remains in effect, the person subject to the order must continue complying with it unless and until it expires or a court changes or terminates it.
Can an Expunged Domestic Violence Conviction Be Used Against You Later?
A dismissal does not make the conviction cease to exist for every legal purpose.
California law allows dismissed convictions to remain relevant in certain circumstances.
For example, a prior conviction may still matter in a later criminal prosecution when California law permits prior convictions to increase or otherwise affect the consequences of a subsequent offense.
The effect depends on the particular prior conviction and the later charge.
Do You Have to Disclose an Expunged Domestic Violence Conviction?
In many ordinary private-employment situations, California law restricts employers from asking about or considering convictions that have been judicially dismissed.
However, there are important exceptions.
Disclosure may still be required in circumstances involving:
- Applications for public office
- Certain government employment
- Applications for state or local licenses
- Some regulated occupations
- Other situations where disclosure is specifically required by law
The correct answer therefore depends on who is asking and why.
For more information, see our guide to how a criminal record can affect employment in California.
What If My Domestic Violence Case Was Dismissed Without a Conviction?
That is different from expunging a conviction.
If charges were never filed, the case was dismissed without a conviction, or the defendant was acquitted, California’s arrest-record sealing laws may provide a different form of relief.
The appropriate record-clearing procedure depends on how the original criminal case ended.
What Other Post-Conviction Relief May Be Available?
Penal Code section 1203.4 dismissal is only one form of California post-conviction relief.
Depending on the case, other possibilities can include:
- Early termination of probation
- Reduction of a felony wobbler to a misdemeanor
- Record sealing
- Automatic record relief under California law
- A Certificate of Rehabilitation in qualifying cases
- Other relief based on changes in California criminal law
The best option depends on the conviction, sentence, criminal history, and the specific consequence the person is trying to address.
Talk to a Fresno Attorney About Expunging a Domestic Violence Conviction
A domestic violence conviction can continue creating problems long after probation has ended.
California post-conviction relief may help, but it is important to understand both the benefits and the limitations of having a conviction dismissed.
Gregory W. Fox has more than 20 years of experience handling California criminal cases, including domestic violence cases and post-conviction matters.
If you have a domestic violence conviction and want to know whether you qualify for expungement, early termination of probation, misdemeanor reduction, or another form of post-conviction relief, call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.