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  1. #1

    Default How to Expunge a Domestic Violence Conviction

    My question involves criminal law for the state of: CALIFORNIA

    Hello to all...I was convicted of Domestic Violence back in 2004.

    Nutshell about DV:
    During the trial the DA said if she called the defendant at her work place...and if the defendant actually stated that nothing happened...the DA would drop the charges. As she called the defendant...the defendant in speakerphone...stated that nothing happened that I didn't do anything to her. Well DA hung up and stated that to the best of her judgement she couldn't dismiss it...so ended up convicted with that charge.

    I can no longer get a JOB because of this. I have tried creating my own business, attend my kids field trips, coach my sons football team...and can no longer do any of them. so i'll save the sob story but I want my life back.

    Any suggestions to get this expunged would really be appreciated.
    I have been reading and it seems as though it can be done.

    My ex-girlfriend is willing to do a write up and her son which I take care of is willing to testify that I am in his life and I have no problem with testifying..sigh...
    thanks n God bless!
    Phill 4:13 "All things possible through HE who gives me strength"

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    27,511

    Default Re: Expunge Dv

    Why can't you attend your children's field trips?

    What exactly were you convicted of? (Under which statute number?)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,196

    Default Re: Expunge Dv

    In addition to providing the statute, I am curious ... how were you convicted? Did you plead guilty? Or did you lose at trial?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  4. #4

    Default Re: Expunge Dv

    You don't get convicted of "DOMESTIC VIOLENCE"... Domestic violence is not a law.

    DV is only the "wrapper" placed on traditional charges (assault) in order to extend your pain... and (attemped) forced divorce (if you're married)

    What was it? assault 3 or 4?... Were there any other charges along with it?... And (as the "Serge" asks) was it a plea? or were you found?... Was it (ahem! ahem!, gag!) the "no contest"? by any chance?...

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,196

    Default Re: Expunge Dv

    In CA we do not have "assault 3 or 4." The two most common domestic violence battery sections are PC 243(e)(1) which is a misdemeanor domestic battery, and PC 273.5(a) which is the "wobbler" domestic violence battery which requires some corporal injury (it can be charged as either a felony or a misdemeanor, but most often as a felony).

    For a number of references to help you look up whether your offense is eligible for expungement, check here:

    http://www.courts.ca.gov/1070.htm
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  6. #6
    Join Date
    Oct 2010
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    Second star to the right...
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    311

    Default Re: Expunge Dv

    Quote Quoting businessmedina
    View Post
    My question involves criminal law for the state of: CALIFORNIA
    Hello to all...I was convicted of Domestic Violence back in 2004.
    The good news is that most private employers, especially mid and large sized employers, use CRAs to pull criminal reports. CA limits the length of time a conviction can show on a CRA to 7 years. Therefore, your conviction from 2004 will not show to private employers that use a CRA to pull their criminal reports sometime this year. There are a few fields where a DV conviction will matter (such as US armed forces, law enforcement) and where the employer will retrieve the record beyond 7 years but for this is the exception and not the rule.

    Quote Quoting businessmedina
    View Post
    I can no longer get a JOB because of this. I have tried creating my own business, attend my kids field trips, coach my sons football team...and can no longer do any of them. so i'll save the sob story but I want my life back.
    This is going to be hard to hear, but truly, you are blaming a conviction for these problems that likely had nowhere near the impact on your life that you describe. Lots of people with DV convictions work in lots of fields holding professional and management jobs. Lots of employers hire people with DV convictions in the state of CA and other states. Unless you want to work in a field where the regulations require the employer to screen out people with the specific conviction you have, it is likely not the root cause of your current woes.

    You might be better served with your time and energy to visit a recruiter and ask for help on your resume and a counselor to help you recover from the experience of being convicted which you obviously took to heart.
    Quote Quoting businessmedina
    View Post
    Any suggestions to get this expunged would really be appreciated.
    Phill 4:13 "All things possible through HE who gives me strength"
    Others have given you advice on expunging your record. Please understand however, that you might spend the time and money to have your record expunged and find yourself still jobless and still unable to do the things you love because you haven’t fixed the root of your problem.
    Quote Quoting businessmedina
    View Post
    Phill 4:13 "All things possible through HE who gives me strength"
    All things are possible through HE who gives you strength. Good luck.

  7. #7

    Default Re: Expunge Dv

    EVERY SINGLE ONE of you ARE SIMPLY AMAZING! Thank you for taking your time to discuss this thread with me.
    It IS a breath of HOPE and excitement.

    on KIDS: In my area/city I have to fill out online and harcopy statements of ANY criminal background. In order to avoid my son and daughter the embarrassment of people knowing their fathers history I avoid filling in the documentation. I can tell you I love my kids and kids in general. I had been coaching football for over 5 years and assisted in my kids' school as Vice President for School Side council and even wrote grant for their school...so i use to be super involved where as now...i have to take a back seat to it all.

    Just so you all know...the conviction was a 'no contest' which was what the attorney had me do. I will try and obtain my records so I know what I'm dealing with. Also, I can say that due to this unfortunate situation...I have lost SO MUCH...but IT WAS a CHOICE that evening to PLACE me in that situation. I had TONS of choices to make and my CHOICES could have prevented the whole event. It has totally changed my mentality of LIFE and I have been the most humble person eversince...OMG...to have so much and to lose so much and then SOME! :::sigh::::

    May GOD bless all of you and again...thank each and EVERYONE of you! weather things go in favor or not...I'm going to go for it

    your friend from Cali!

  8. #8
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,247

    Default Re: Expunge Dv

    Well...that was a refreshing change of pace. I haven't seen that much positivity from a poster in a long time.

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