Legal Question in Criminal Law in California
Expunging Domestic Violence
In 2003, My husband, before we were married, was falsely accused of domestic violence by his ex-girlfriend. After months of going back and forth to court, he finally pleaded no contest and settled for a misdemeanor, probation and anger management courses. He's completed his probation and courses. He is now in an Ultrasound program where he will one day have to apply for his license. He has been trying to apply for jobs (non medical related) and his criminal record shows up. How can we get this record expunged so that he can get a job NOW. And in the future, how will this effect his ability to get his license? We need help. My husband is a good man, the father of two small boys, and we are struggling because of his past.
1 Answer from Attorneys
Re: Expunging Domestic Violence
Depends upon the PC code sections of the conviction, he may or may not be able to expunge it. Even if it expunged, it still has to be fully disclosed on applications for governmental licensing, bonding, security clearances, etc. Then it is up to the agency and the employer whether it disqualifies him from employment or licensing. Expungement does not 'clear' a record, it changes it to show retroactive dismissal of charges. The benefit of doing it is to allow him to say 'no' to conviction on most private employment applications. IF he is currently trying to get private employment, it would be of benefit, IF it can be expunged. If serious about getting legal help doing so, feel free to contact me. It isn't terribly expensive to do right.
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