Domestic Violence Expungement in Los Angeles

Domestic violence allegations and convictions in Los Angeles can have serious and lasting effects on a person’s future, especially when it comes to job opportunities, professional licensing, housing, and educational prospects. For many individuals, pursuing an expungement of their domestic violence conviction represents a critical step toward rebuilding their lives and moving past this difficult chapter. Understanding the legal process surrounding domestic violence expungements, as well as the relevant statutes, jury instructions, and sentencing considerations, is key to successfully clearing your record. At Kraut Law Group Criminal & DUI Lawyers, our domestic violence attorneys guide our clients through every aspect of this process to give them the best possible chance at a fresh start. The following information is a comprehensive overview of what you need to know about domestic violence expungements in Los Angeles.

Domestic violence charges in California arise from a broad spectrum of alleged conduct involving harm or threats of harm to a spouse, cohabitant, dating partner, or parent of a child. Common statutes under which a defendant may be charged include California Penal Code Section 273.5 (corporal injury to a spouse or cohabitant) and Penal Code Section 243(e)(1) (domestic battery). Prosecutors and law enforcement often treat these cases very seriously, given the emphasis on protecting victims of domestic abuse. A conviction under these sections can carry significant jail time, probation, mandatory counseling, and a host of collateral consequences.

Even after serving a sentence or completing probation, the conviction record can remain accessible to employers, landlords, and licensing boards. Once a domestic violence conviction surfaces, it can become a formidable barrier. This is why the expungement process under Penal Code Section 1203.4 PC is such a vital avenue for many convicted individuals to pursue.

In California, expungement is a legal procedure that allows a defendant to withdraw a guilty or no-contest plea (or have a guilty verdict set aside) after completing the terms of probation or serving a sentence. If granted, the court dismisses the conviction, effectively indicating that the criminal proceeding ended in a dismissal rather than a finding of guilt. However, it is important to understand that while an expungement can lessen the impact of a conviction on one’s record, it does not erase the past. Certain limitations remain, including restrictions on firearm possession, immigration consequences, and certain professional licensing complications.

Nonetheless, an expungement is often pivotal for individuals seeking employment or obtaining professional licensing because it prevents most private employers from considering the fact of the conviction when making hiring decisions. The expunged conviction still appears on the record, but it is typically marked as “dismissed” and cannot be used against the individual in many circumstances.

Domestic violence offenses in Los Angeles are prosecuted aggressively, and courts regularly impose rigorous probation conditions, mandatory batterer’s treatment programs, and protective orders. Once the sentence is completed, a conviction under these domestic violence statutes can follow a person indefinitely. Because of the stigma surrounding these offenses, individuals with a domestic violence conviction often face unique difficulties securing employment or housing. Employers, property managers, and even educational institutions often consider any history of violence to be a major liability.

Expungement offers a measure of relief. Once a conviction is expunged, California law generally states that the individual does not need to disclose the conviction when applying for most private-sector jobs. This means the stigma of the crime is greatly reduced, allowing people to focus on building their future rather than being haunted by a single event from their past.

Although jury instructions (such as the CALCRIM instructions) do not directly govern an expungement proceeding, understanding them is essential because they shape how domestic violence allegations are presented and proven at trial. For instance, CALCRIM 852 specifically addresses evidence of uncharged domestic violence in demonstrating propensity. CALCRIM 840 and related instructions outline the elements the prosecution must prove for the jury to convict someone under domestic violence statutes. These instructions define terms like “abuse,” “cohabitant,” “intimate partner,” and “willful infliction of injury.” They also guide the jury in determining whether enough evidence exists to reach a guilty verdict.

When it comes to seeking an expungement, having a detailed understanding of the original jury instructions (if the case went to trial) can be helpful. By knowing the elements of the offense, a defense attorney can highlight how those elements were (or were not) proven, especially if questions arose about the validity of the conviction or compliance with probation terms. Moreover, a thorough understanding of the judicial reasoning behind the conviction can sometimes serve as the basis for arguing that an individual has since taken rehabilitative measures, meriting a second chance through expungement.

California law imposes various sentencing frameworks depending on whether the domestic violence offense is charged as a misdemeanor or a felony. Many factors influence sentencing, including the severity of the injuries, the defendant’s prior criminal history, and whether any aggravating circumstances exist (such as the presence of a child during the alleged incident). A typical sentence for a misdemeanor domestic violence conviction might include probation, a mandatory 52-week batterer’s intervention program, protective orders, community service, and possible jail time. For felony convictions, punishments can escalate dramatically, including prison sentences or mandatory supervision.

In any of these scenarios, the ability to eventually expunge the conviction hinges on the successful completion of the court-ordered sentence or probation. If probation is terminated early under Penal Code Section 1203.3 (early termination of probation), one can then immediately move to seek expungement. Understanding sentencing is critical because expungement eligibility depends on fulfilling these conditions or obtaining relief from them.

Generally, most misdemeanor domestic violence convictions are eligible for expenditure under Penal Code Section 1203.4, provided that:

• The individual has completed all conditions of probation (or obtained early termination of probation).
• The person is not currently serving a sentence or on probation for another criminal offense. 
• The defendant has not committed a subsequent offense that disqualifies them from receiving an expungement.
• The offense is not one of the specified crimes (such as sexual offenses involving minors) that are explicitly ineligible for expungement under California law.

Felony domestic violence convictions may require an additional step. Certain felony convictions can be reduced to misdemeanors under Penal Code Section 17(b) if the offense is considered a “wobbler” (one that can be charged either as a misdemeanor or felony). Once reduced to a misdemeanor, the same requirements apply for expungement as outlined above. However, if a felony offense is not reducible to a misdemeanor, expungement may not be available.

The expungement process commences with filing a motion in the court where the original case was adjudicated. This motion is brought under Penal Code Section 1203.4. In it, the defendant or their attorney must demonstrate that the individual has satisfied all legal requirements, including completion of probation (or obtaining an order for early termination of probation). An important aspect of this filing is providing the court with a detailed explanation as to why granting expungement serves the interests of justice.

Once the motion is filed, a hearing date is set, and the prosecution has the right to oppose the request. Prosecutors often challenge expungement motions where the individual violated probation, committed new offenses, or otherwise failed to comply with the terms of sentencing. Ultimately, it is within the judge’s discretion to grant or deny the motion. If granted, the judge will allow the plea to be withdrawn and the conviction dismissed. The clerk of the court then notifies the Department of Justice, and the record of conviction will be updated to reflect a dismissal rather than a guilty verdict.

Because some individuals experience difficulties meeting probation requirements due to legitimate life changes, Penal Code Section 1203.3 provides a legal mechanism to petition for early termination of probation. This can be sought if the defendant has been diligent in meeting all requirements and can show compelling reasons, such as a pending job offer, potential job loss, or other urgent life circumstances. If the court finds good cause, it may terminate probation early, thereby opening the door to an immediate expungement filing. Proving these “compelling circumstances” often requires well-prepared evidence and persuasive argument, showcasing the importance of working with an experienced attorney.

It is important to recognize that an expungement does not erase the conviction from existence. Rather, it updates the record to reflect that the conviction was dismissed. For most practical purposes, this dismissal frees the individual from having to disclose the conviction to private employers. However, there are several critical limitations to keep in mind:

• Firearm Restrictions: Under California law, a domestic violence conviction results in a 10-year ban on firearm possession. Moreover, under federal law, there is a lifetime ban on firearm possession for most individuals convicted of domestic violence. Neither of these bans is lifted through California expungement.
• Immigration Consequences: Non-U.S. citizens convicted of domestic violence offenses may face removal proceedings (deportation) or other immigration consequences. An expungement in California courts does not eliminate the impact of the conviction for federal immigration purposes, meaning the conviction can still be considered by immigration authorities.
• Professional Licenses and Certificates: Certain professional licensing boards, like those governing attorneys, doctors, nurses, and real estate brokers, may still consider an expunged conviction when evaluating applications or renewals. Although an experiment is helpful, the conviction will not be invisible to these boards. That being said, an expungement can bolster the case that you have rehabilitated.
• Subsequent Offenses: If you face future criminal charges, an expunged conviction can still be used against you in sentencing or as a prior offense. It is not truly hidden from all legal or criminal justice contexts; it primarily helps you in the employment and housing arenas.

Navigating the complexities of domestic violence expungements in Los Angeles is not something that should be done without expert guidance. From the time you are charged with domestic violence, understanding how that conviction can impact your future—and what steps are needed to minimize that impact—can make an enormous difference. An attorney skilled in both defending domestic violence cases and handling post-conviction relief motions is invaluable.

As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut of Kraut Law Group Criminal & DUI Lawyers possesses unique insights into how prosecutors build and argue these cases. This understanding is crucial when preparing a persuasive motion for expungement and, if necessary, advocating for early termination of probation. By presenting a strong legal and factual basis for expungement, our team aims to demonstrate your rehabilitation and clear the path for your renewed opportunities.

Domestic violence convictions often create more hurdles than many realize. Employers in Los Angeles are increasingly vigilant about screening applicants, and landlords commonly deny housing to individuals with violent convictions. College admissions committees and credentialing boards may also take a dim view of a past domestic violence conviction. These collateral consequences do not vanish with time, but an expungement can reduce or eliminate many of them.

If you believe you qualify for an expungement or are seeking advice on how to position yourself for a successful expungement in the future, taking proactive steps is crucial. Even if your probation has not run its full course, you might be eligible to seek early termination of probation. Prompt action and strategic planning can help expedite your path to regaining control over your record and your life.

Domestic violence expungement is a specialized area of California criminal law. The procedures for expungement, the arguments for early termination of probation, and the interplay with jury instructions and sentencing all demand in-depth legal knowledge and experience. At Kraut Law Group Criminal & DUI Lawyers, we understand how deeply a domestic violence conviction can affect your employment, housing, and overall reputation. We work diligently to advocate on your behalf, leveraging our prosecutorial background and extensive defense experience to maximize your chances of success.

To learn more about how we can assist you with expunging a domestic violence conviction in Los Angeles, schedule a free and confidential consultation with our office. We are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028, and can be reached at 888-334-6344 or 323-464-6453 or through our online form. Let us guide you through the expungement process and help you move forward with a clean slate. Your future matters, and we are here to help you reclaim it.