Can my domestic assault charge be expunged under California law?

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There are times when people may face domestic assault charges. In many cases, it could be possible to have those charges removed from your record in California. True expungement doesn’t exist in California, but there are ways to help clean up your record.

Your eligibility for clearing your record will depend on a number of factors, such as the severity of the crime and the level at which it was charged. For example, a misdemeanor could be easier to get removed from your record than a felony offense.

Misdemeanor domestic assault charges

It is possible to get your misdemeanor domestic assault charges cleared from your record in most cases. Usually, it’s possible to get these cases removed if no prison time was imposed.

Felony domestic assault charges

Felony charges are a little different. It is harder to get a felony removed. You may be able to, however, if you did not have any prison time imposed. In that case, your attorney can work to have the felony case reduced to a misdemeanor and then eliminated from your record.

California law understands the difficulty of living with a domestic assault charge and conviction

If you are living with a conviction for domestic assault, the law understands that this may make it more difficult for you to work and live in the state.

This is why the state has the Clean Your Record program, which is focused on reducing the impact of a California criminal record.  Although true expungement doesn’t exist, the state offers options to clean up your record.

You may be able to clean your arrest record if there was no conviction. For example, if there were no charges, you were found not guilty or your case was dismissed, then you could potentially seal the records. If you received a misdemeanor, then you could ask to have the conviction dismissed if you aren’t on probation or parole and have no new pending cases.

There may be options open to you. It’s a good idea to look closely at the laws that impact the records of those accused and convicted of crimes in California.