Legal Question in Criminal Law in California

If you were convicted of a domestic violence charge, you are probably not eligible for expungement; it is not available to you.

Even if you were able to obtain expungement in California, you remain a 'prohibited person' barred under federal and state law from owning or possessing firearms or ammunition, because of the restraining order and the conviction.

In general, California prohibits possession of firearms by persons who were convicted of felonies or misdemeanors as specified in Penal Code section 12021 and its subsections; are addicted to any narcotic drug; are prohibited as a condition of probation; are subject to restraining orders; were adjudged wards of the juvenile court (until age 30); or are mentally ill as defined in State law.

It is not clear what specific charge you were convicted of. As I answer this, I assume that you were convicted of Penal Code section 273.5, which involves inflincting corporal injury on a spouse. If you were convicted of that section, it is what is known as a "wobbler." If you were charged as a misdemeanor, you can seek to have it expunged. (Not sponged.) The problem, however, is that if you were convicted of Penal Code section 273.5, then you cannot have a firearm in your possession for a period of ten (10) years. (Pen. Code, section 12021 subd. (c)(1).) Having the misdemeanor expunged would not circumvent this statutory prohibition. In other words, you can expunge, but still are not allowed to have your guns.