Reports of domestic violence or abuse can affect your personal and professional life for many years to come. In the state of California, these charges are taken very seriously and are generally prosecuted to the full extent of the law. Charges for domestic violence can be serious and, if found guilty, you will face some severe penalties. If you were convicted of domestic violence, you may wonder if you can somehow legally erase your criminal record.
While expunging a criminal record is an option for some criminal offense convictions, domestic violence is a complicated crime. An experienced criminal defense attorney will assess your needs to provide guidance in your case. It's helpful to understand the basics of expunging a criminal record when it comes to California criminal convictions. In Los Angeles County, domestic violence cases are by far the most commonly prosecuted crime in the Los Angeles criminal court system.
Many years ago, before the murder trial of O, J. Simpson, it was common knowledge that law enforcement did not consider cases of domestic violence with minor injuries to be very serious. California law does distinguish between certain types of domestic violence. A criminal record expungement does not result in the complete eradication of your conviction record.
It remains accessible to individuals considering it for public employment, as well as to law enforcement and court personnel to improve sentencing if you commit a subsequent felony. It is quite common for someone to call the police in the hope of calming a situation, such as a heated argument, and for someone to be arrested for domestic violence. A conviction for domestic violence will continue on a person's permanent criminal record and will come to light each time a background check is performed. Under Penal Code 1203,4, you can ask the court to set aside your misdemeanor conviction for bodily domestic violence.
Proving factual innocence in domestic violence arrest record sealing cases can be more difficult than others because the cases present several unique problems. If the charges are dropped, the defendant has no obligation to disclose any information about the case, unless he plans to run for public office, while a felony conviction will appear in a background check. Attorney Hashemi has handled domestic violence cases, including those with underlying criminal charges since 2003. Anyone interested in having a domestic violence conviction overturned should contact an experienced domestic violence defense attorney in Los Angeles immediately. In order to seal your arrest record, a judge must determine that you are de facto innocent of the charges on which the arrest was made.
When you are being prosecuted for domestic violence in Los Angeles, the judge will normally issue a criminal protection order. In most domestic violence first-offense prosecutions in Los Angeles, the prosecutor will not seek any substantial jail time. For more information on domestic violence expungements and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. A domestic violence conviction on a person's record can prevent them from being hired or from being eligible for housing, educational loans, or professional licenses. A domestic partner refers to anyone with whom you have or have had an intimate relationship or live with, such as a roommate.
Domestic violence is defined as a pattern of behavior in a relationship in which the use or threat of force is used as a way to maintain control over an intimate partner. .
