If one gets convicted in a case of domestic violence, there are severe charges and penalties involved as part of the repercussion invoked by the federal and state law. The state of California holds domestic violence as a serious offense, and anybody found accused and guilty of such a crime has to face penalties, fines, counseling, imprisonment, a criminal record as well as community service.
An individual may be charged with the accusation of being involved in domestic violence, if they have such a relationship with another person, which could potentially put that person at the risk of suffering from either physical abuse or a sexual attack. Thus, a person can be charged with domestic violence and abuse if they have threatened or harmed a spouse, any member of the family, a partner or relative. The charge of domestic violence is held valid even if one doesn’t physically harm another person. Any action done which can be interpreted as being abusive or violent in nature can be categorized as domestic abuse.
The expungement of any criminal record is very important for someone who has been living with a conviction on their record for a long time, and yet genuinely wants to reform themselves and move forward with their lives. It is essential to note, that once a charge of conviction has been expunged, it implies that multiple public records of the said conviction are duly erased.
Expungement is sought by many, since it improves one’s chance of securing a job, career advancement and housing with the possibility to pursue different educational prospects. All of these basic life opportunities are denied to an individual charged with the criminal conviction on their public record. But it is essential to note that not all charges can be expunged. It all depends upon the severity of the charges, as well as what the accused has been doing since serving their sentence. It is easier to get expungement for misdemeanor charges in cases of domestic violence, compared with that of Domestic Violence felony charges.
In most cases, the probation sentence once served and all the probationary conditions being met, the conviction is terminated by the court. If the individual does not have any other criminal charges and is not spending time in another probation, the court might expunge the case. On the other hand, there are some Domestic Violence cases, where expungement is not possible. Cases where there is special violence in a dispute, which might involve a child or maybe a rape incident, charges are not likely to get expunged. Also, if any terms of probation have also been violated, then it is highly unlikely that the charges will get expunged.
An individual seeking Domestic Violence charge expungement, can face problems if they are faced with another criminal charge or are serving a sentence for a criminal offense. A Certification of Pardon and Rehabilitation may be granted by the Governor if the individual shows themselves to be committed to rehabilitation. If the person has been clean from any other kind of criminal involvement, they might be considered for a pardon.
If you need any help understanding the legal details of expungement for Domestic Violence, then Kosnett Law can offer needed assistance.