How To Remove Domestic Violence From Record

Defendants who have been convicted of a domestic violence offense ofttimes desire to know well-nigh the expungement process and whether they are able to have the confidence expunged from their tape. A conviction for domestic violence can have extensive collateral consequences that can cause long-term difficulties in terms of employment, licensing and housing. Anyone interested in having a domestic violence conviction expunged should contact an experienced domestic violence defense attorney in Los Angeles right abroad.

Why Expunge a Domestic Violence Confidence?

Anytime a defendant is convicted of a criminal offense in California, the conviction is submitted to the Department of Justice who volition then go on a record of the conviction. Increasingly, employers and others rely on criminal background searches when making hiring decisions. A domestic violence conviction on someone's record may foreclose him or her from being hired or from being eligible for housing, education loans or professional licenses.

Can Domestic Violence Convictions Be Expunged?

Most misdemeanor domestic violence convictions are eligible for expungement. Nonetheless, the Courtroom may not grant an expungement if the defendant repeatedly violated the terms of probation or if the accused has committed subsequent criminal offenses. The Court cannot grant an expungement if a person is currently on probation for a different offense.

Some domestic violence offenses cannot exist expunged. For vehement crimes that may have involved allegations of rape or violence confronting minors, the accused may be legally prevented from expunging the conviction at any point. For defendants convicted of felony-level offenses, the conviction would outset have to be reduced from a felony to a misdemeanor and and then expunged.

In some cases, the accused may yet be on probation but may have a compelling argument to expunge the case early. In these cases, the defendant can file a motion to terminate probation early and then expunge. Courts volition typically but consider granting these types of motions when there are truly compelling circumstances, such as an impending job loss.

Effects of the Expungement

If the Court grants the expungement, the defendant'south previous plea or conviction will exist vacated and the case will be dismissed retroactively. This information will be forwarded to the Department of Justice.

Even if an expungement is granted, the defendant would still be field of study to a x year California ban on owning or possessing firearms every bit a issue of the before conviction. The United states of america government imposes a lifetime ban on well-nigh defendants who are convicted of domestic violence. This ban would remain effective regardless of an expungement.

In addition, an expungement will not have an outcome on non-U.S. citizens who are facing removal proceedings equally a outcome of a domestic violence conviction. The U.S. government can notwithstanding consider this prior conviction in whatsoever removal proceedings.

The Expungement Process

In order to have a domestic violence expunged, the defendant would file a motility pursuant to California Penal Lawmaking Section 1203.4 PC. One time the filing fee has been paid, the motility will be calendared for a hearing before the original sentencing judge. At this hearing, the defense can argue why the expungement should be granted. The prosecution can exist heard on the movement and may oppose the motion where the accused violated probation or where there was a subsequent law-breaking. Ultimately, the judge will determine whether or not to grant the defendant's expungement motility.

If you or someone you know is interested in having a domestic violence confidence expunged, information technology is imperative that you meet with an attorney experienced in filing these types of motions right away. As a former Deputy District Attorney with over fourteen years of prosecutorial experience, Michael Kraut understands the expungement process and works diligently on behalf of his clients who are trying to clear their records.

For more information virtually domestic violence expungements, and to schedule your free consultation, contact Michael Kraut at the Kraut Constabulary Grouping located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can exist reached 24/7 at 888-334-6344 or 323-464-6453.

Source: https://www.losangelescriminallawyer.pro/domestic-violence-expungement-in-los-angeles.html

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