Legal Question in Criminal Law in California

Re: About exponging a felony

Thank you for your posting, and the opportunity to serve you further. With all respect, I don't necessarily agree with the blanket "not all domestic violence charges can be expunged" answer.

An expungement requires that you research and prepare, file, and serve on the district attorney's office (or other prosecuting agency) a motion for relief (expungement motion) under Penal Code section 1203.4.

It's true that many people do this themselves, and you might want to learn as much as you can about the motion before you make that decision.

You may also hire an attorney to help you, which is usually an easier, although more expensive, option.

I hope that this answer helps, but if you have any additional questions, please feel free to email me directly at [email protected], anytime. It's my pleasure to assist in any way that I can.

Re: About exponging a felony

There are forms at the Courthouse where your conviction occurred. They are expungement forms under Penal Code �1203.4. You can fill it out yourself and just pay the filing fee (usually around $120) or you can have a lawyer draft the motion for you. I actually recommend that you at least consult an attorney for this, because nothing is as simple as it seems; while the forms may be fairly easy to fill out, the ramifications of which form and what relief you request are far-reaching. For example, the form will ask you if you're seeking a reduction per PC �17b. If you do, and it's granted, you will never be able to recieve a Certificate of Rehabilitation and Pardon for the conviction. And that's just to scratch the surface. A competent lawyer is invaluable to you because she will know "the rest of the story" and assist you in determining what relief is best for you. This is your life, after all.

Re: About exponging a felony

Sorry, but most domestic violence charges can NOT be expunged. Contact me to discuss the specific charges, to see if they can be, and the costs of doing so.