Legal Question in Criminal Law in California

Civil rights and expungment

Besides the immediate consequences of a misdemeanor spousal battery conviction (jail, probation, fines, classes) what are the long term effects of such a conviction? Ruined reputation, can�t possess fire arms for ten years, criminal record that will effect future employment with government or law enforcement agencies, law enforcement will be able to search your residence without a search warrant, crime of moral turpitude. Is there anything else?

How soon after conviction can this be expunged? Even after being expunged will the government still have a record of it that can jeopardize employment opportunities with the govt. or law enforcement?

Does anyone out there specialize in the expunge process?


Asked on 4/24/04, 7:24 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Civil rights and expungment

Expungement may be possible, but won't change the firearms ban or government agency's access to the records, and they still count for 'priors' if arrested again. If a domestic violence restrainging order was issued, the firearms ban is permanent.

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Answered on 4/26/04, 1:44 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Civil rights and expungment

I assume you have already been convicted, if not consult a good criminal defense lawyer before you consider pleading guilty. If you are sentenced to probation, even if the terms of probation include jail time, and you successfuly complete the term of probation, you can get the conviction expunged for all purposes except government jobs and future criminal proceedings. You would then be able to omit any reference to the arrest or conviction on private-industry job applications.

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Answered on 4/26/04, 1:23 am


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