Can somebody have DV misdemeanors expunged in California?
Is it possible to have misdemeanor domestic violence convictions expunged in California? The convictions are from no later than 2002.
Answers:
I'm sorry, but Hillary is wrong. The only misdemeanors which are not subject to Penal Code section 1203.4 are priorable driving offenses and certain sex offenses. (1203.4(b).) Those sex offenses are also the only misdemeanors upon which a person can get a certificate of rehabilitation. Nothing in section 1203.4 says that domestic violence offenses are not subject to that statute.
Note, however, that 1203.4 relief is not an expungement as you might understand it. It does not remove the arrest or conviction from your record, but the record will show that the charge was dismissed pursuant to section 1203.4. Additionally, the conviction may be found in data bases which are not maintained by government. My advice in such situations to say, if asked, that a misdemeanor charge was dismissed under section 1203.4, which is completely correct.
Be aware that 1203.4 relief does not restore gun rights (either state or federal) which may be affected by the conviction, and the conviction can still be used as a prior if applicable.
No, most sex offenses and domestic violence charges can't be expunged.
If there has been a lot of time since the conviction and the offender is able to get a certificate of rehabilitation, he might be able to get a pardon.
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