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  1. #1
    Join Date
    Aug 2007
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    Default Expunging a Restraining Order

    Can either a civil or a criminal restraining order be expunged? I have both and it is stopping me from getting a job with a law firm. I have a misd battery charge related to the RO for domestic violence against an ex. Thanks, I'm in CA.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Expunging a Restraining Order

    I don't know of any way to "expunge" a restraining order. If you are the subject of a restraining order and want it to go away, you either have to convince the court that issued it to lift the order, or you have to wait until it expires.

  3. #3
    Join Date
    Sep 2007
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    3

    Default Re: Expunging a Restraining Order

    Quote Quoting Mr. Knowitall
    View Post
    I don't know of any way to "expunge" a restraining order. If you are the subject of a restraining order and want it to go away, you either have to convince the court that issued it to lift the order, or you have to wait until it expires.
    FYI - MASSACHUSETTS is changing to allow for expunging restraining orders.

    See: http://www.lawlib.state.ma.us/def209a.html

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    28,620

    Default Re: Expunging a Restraining Order

    It won't help kabuki, as the question was about California, but it's interesting to know.

  5. #5
    Join Date
    May 2009
    Posts
    1

    Default California Expungement of Civil Restraining Orders

    It has been raised before in this forum whether you can expunge (not just vacate) a civil court restraining order in a domestic violence accusation situation. The past consensus was "No, you can't". That is not necessarily true. I am a criminal attorney in the San Francisco Bay Area and I have successfully had a Family Court Emergency Protective Order (EPO) court docket ordered sealed and destroyed under California's "Factual Innocence" statute (Penal Code Section 851.8). This can be available for people who have NOT been convicted of any criminal offense in connection with the accusation, but who did get arrested.

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