How Long Does a Domestic Violence Offense Stay on My Record?

 

Man wondering how long his task will take
 

Allegations of domestic violence or abuse can affect your personal and professional life for many years. In the state of California, such charges are taken very seriously and usually prosecuted to the fullest extent of the law.

 

Individuals facing these types of charges need to have an experienced defense attorney to help them through this process and ensure that they are not branded for life as violent criminals.

 

What Constitutes Domestic Violence?

 

Domestic violence is defined as a pattern of behavior in a relationship where the use of or threat of force is used as a way of maintaining control over an intimate partner.  The law in California defines such violence or abuse as the intentional or reckless cause or attempt to cause bodily harm or sexual assault to a domestic partner.

 

It also allows for the fear of imminent bodily injury to be classified as abuse.

 

A domestic partner refers to anyone that you have or have had an intimate relationship with or that you co-habitat with such as a roommate.

 

Misdemeanor Versus Felony Domestic Violence Charges

 

In California, these offenses are often treated as wobblers where the prosecutor has discretion as to whether or not to file misdemeanor or felony charges.  In making such a call, the judge will consider a number of things:

 

  • The extent of injury to the victim
  • If there was a weapon involved
  • If drugs or alcohol were involved
  • If an existing restraining order was violated
  • The defendants prior criminal history, especially in regards to violence and/or abuse
  • Did the defendant violate his terms of probation or parole

 

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Penalties and Record Info for a Conviction

 

The penalties related to relationship abuse are similar in almost all aspects except for the extent of time incarcerated and whether you will be in jail or prison.  These penalties could include:

 

  • Mandatory counseling
  • Community service
  • Fines of up to ten thousand dollars
  • A restraining or no contact order with the victim
  • Probation
  • Jail time

 

For a misdemeanor conviction, the prison sentence will not be longer than a year in county jail, as opposed to anywhere from two to five years in state prison for a felony conviction. While the consequences of a misdemeanor conviction are bad, the ones for a felony can be devastating to your future.

 

A defense attorney can work with the prosecutor and offer compelling evidence as to why an individual should be charged with the misdemeanor offense.

 

Many online records for a person’s conviction have the potential to be available until the defendant obtains an expungement.

 

A felony conviction counts as a strike against the defendant under California’s three strike law. In addition to the increased prison time and strike, the defendant will most likely also lose the ability to have his charge expunged if he is charged with the felony.

 

Expungement Options

 

When a conviction is expunged, a plea of guilty or no contest is removed and a new plea of not guilty is recorded.  The California justice system can dismiss a misdemeanor domestic violence charge if the defendant finishes the terms of his or her probation early, meets all necessary requirements, files all necessary documentation with the court, and convinces the court that it is in the best interest of everyone involved.

 

If the defendant is serving a sentence for another offense, including probation, this could serve as an obstacle towards having the charge expunged.

 

How Does Having My Charges Expunged Help Me?

 

Having a criminal history of any kind can be a barrier towards productive employment and housing.  If the charges are expunged, the defendant is under no obligation to disclose any information about the case unless he or she plans on running for public office whereas a felony conviction will show up on a background check.

 

An individual seeking to put the matter behind him or her and start a fresh life would have a better chance at doing that if the charge were erased from his or her record.

 

Although defined as such, not every instance of abuse is indicative of a pattern of behavior.  There are many instances where one event or action leads to an offense.  In California, the law is that once filed, those charges cannot be dropped regardless of what the victim desires.

 

This leads to many defendants being branded as violent solely based on one turn of events.

 

Keeping Your Record Clean

 

The best way to keep your record clean is to avoid a conviction. That can be accomplished by:

 

  • persuading the prosecutor to dismiss the charge;
  • convincing the judge that the law requires the charge to be dismissed;
  • obtaining favorable rulings on motions that force the prosecutor to dismiss the charge;
  • entering into a deferred prosecution agreement; or
  • winning a “not guilty” verdict at trial.

 

Representation by a skilled and experienced domestic violence defense attorney maximizes the opportunity to obtain one of those outcomes.

 

If a conviction has been entered, an expungement is the next best option to clean up a record. A California expungement does not necessarily make the fact of the conviction “go away,” since private companies keep records of convictions and sell those records to interested parties.

 

In addition, expunged convictions must be disclosed for certain purposes, including most applications for professional licensing. However, an expunged conviction cannot usually be used against job applicants in private employment.

 

As our expungement section explains, not all convictions will necessarily be expunged. When a conviction is eligible for expungement, the chances of obtaining one are better when the accused is represented by an experienced domestic violence defense attorney who is familiar with the judges and prosecutors who will be handling the case.

 

Having a clean criminal record begins by picking the right domestic violence defense attorney. The Law Offices of Randy Collins will always provide an honest assessment of criminal charges and of the possibility of avoiding or expunging a conviction.

 

For these defendants, it is imperative that a qualified criminal defense attorney works closely with them to ensure that the charges are not escalated to felony status.  By negotiating a misdemeanor charge, the defendants may return to a normal life once the conviction conditions are met.

 

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Need legal representation? Call (888) 250-2865 today to obtain a free consultation from one of our skilled attorneys. We can help you better understand your offense, potential penalties, and expungement options if you qualify.

 

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  • gloriasunset@gmail.com

    Case Type Domestic Violence filing date 1/10/2007 Valid for 7 years. My grandson lied to the court per his biological mother. I’d raised him for 8 years. He took a couple of thousand dollars from my at home vault case and went to live with the cousin. I was not arrested nor charged with anything. How do I expunge this record from Orange County court?
    The judge was Nancy Pollock. She was terrible. I did not have $1000 t0 appeal the decision she made. The first judge named on the case told me suggested I hire an atty present in his hearing. However, that atty refused when unfortunately I told him my grandson’s mother was living with a Cuban druglord. We are all Caucasian. Thank you

  • http://cabreralawoffices.com/ petercabrera

    if you were involved in an accident (even if you didn’t receive a ticket) there will always be a mark on your record showing that you were involved in an accident. If the ticket was dismissed, it should not show that you were issued a citation.

  • http://www.indiobailbonds.com/ Indiobailbonds

    Generally speaking, a sex crime conviction will remain on your personal record for life. Most sex crimes are considered crimes of moral turpitude, which are much harder to remove from your criminal record.

  • Melissa

    I went to jail for domestic violence but I wasn’t convinced. Will that still be on my record?

    • Sabin Gurung

      same here. did you get your answer. I also want to know.

  • J. Williams

    MMM- what parasites!

  • J. Williams

    Do any of you realize that the standard practice for public defense cases is a plea deal in lieu of Due Process?! So these ‘slick willies’ hang like vultures in the shadows waiting for the accused to realize how little chance at justice they really have- and then bilk them for far more than they deserve.

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