Expungement of Domestic Violence Cases in California

Domestic Violence cases are common prosecutions in California Criminal Courts. If the police are called to a "domestic dispute" many agencies still follow a protocol that they must make an arrest, regardless of the wishes of the victim. Cases range from very serous injury to no injury at all, but one party will almost always be booked, usually for a felony, and made to post bond.

Prosecution agencies are usually aggressive in seeking convictions (even though the 1990's were worse) and many individuals have entered into a settlement of a case that resulted in conviction for domestic violence (also commonly called "DV") offenses.

These cases can be expunged, and felony cases reduced to a misdemeanor and then expunged, so long as no state prison time was imposed.

The most common convictions are:

Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant. This requires a "traumatic condition" that can be as minimal as red mark or slight swelling or a bruise. This can be a felony or misdemeanor.

Penal Code 243(e)(1) Domestic Battery. This includes a cohabitant, the parent of your child, your current or former spouse or a dating partner. Unlike Penal Code 273.5, this law does not require a visible injury.

Penal Code 422 Criminal Threats. This involves a threat of serious harm to someone if you intend to put the person in fear, and the threat actually did put the person in fear. This offense may be charged as a misdemeanor or a felony.

Firearms Issues

If you were convicted of misdemeanor domestic violence, there is a 10 year prohibition from the state of California under Penal Code § 12021 c 1. Obtaining an expungement does not reinstate firearms rights.

Under Federal Law there is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act enacted in 1996) which prohibits firearm ownership of those convicted of misdemeanor domestic violence. Expungement in California does not lift the federal prohibition. There are some differences between the Federal and California definitions of misdemeanor domestic violence.

Free Domestic Violence Expungement Consultation- ALL California Courts:

Call us at: 800 495 2819 or CLICK HERE

2276 Torrance Boulevard, Torrance CA 90501

1650 Palma Drive, Suite 102, Ventura, CA

www.record-clear.com

Los Angeles Expungement

Los Angeles Judges are very reasonable about granting expungement petitions even with probation violations, if the proper facts are submitted to the Court. They are well informed on the law and the rights of petitioners. They are excellent in granting reductions to misdemeanor status.

Los Angeles County has a huge volume of criminal cases, but still manges to process expungement petitions (not a priority for any court) pretty well. Van Nuys is rather quick on misdemeanors; Airport Court and Metro are a lot slower. The County has over 40 Courts, and each is different. There are also several different prosecution agencies - the largest being the LA District Attorney, followed by the LA City Attorney. There are a number of other City Attorney Offices and all are unique in certain ways.

The expungement procedure can take from 8-20 weeks depending upon the Court, the complexity of the case, and how old the conviction is. Some delays can occur as this is a large county with limited resources dedicated to expungement processing.

Effective June 3, 2013, new misdemeanor and felony cases will no longer be filed at the Beverly Hills Courthouse, the Central Arraignment Courts (CAC), East Los Angeles Courthouse, Malibu Courthouse, Pomona Courthouse North and the Whittier Courthouse.

Effective June 3, 2013, pending misdemeanor and felony case filings at the Beverly Hills Courthouse, the Central Arraignment Courts (CAC), East Los Angeles Courthouse, Malibu Courthouse, Pomona Courthouse North and the Whittier Courthouse will be transferred to other courthouse locations.

We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.

Please give us a call to discuss your case and the specific facts of your matter; consultation is free. 800 495-2819.

www.record-clear.com







Los Angeles County Courts:

Airport Courthouse 11701 S. La Cienega, Los Angeles, CA 90045

Alfred J. McCourtney Juvenile Justice Center 1040 W. Avenue J, Lancaster, CA 93534

Alhambra Courthouse 150 West Commonwealth, Alhambra, CA 91801

Bellflower Courthouse 10025 East Flower Street, Bellflower, CA 90706

Beverly Hills Courthouse 9355 Burton Way, Beverly Hills, CA 90210

Burbank Courthouse 300 East Olive, Burbank, CA 91502

Catalina Courthouse 215 Summer Avenue, Avalon, CA 90704

Central Arraignment Courts 429 Bauchet St., Los Angeles, CA 90012

Central Civil West Courthouse 600 South Commonwealth Ave., Los Angeles, CA 90005

Chatsworth Courthouse 9425 Penfield Ave., Chatsworth, CA 91311

Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street, Los Angeles, CA 90012

Compton Courthouse 200 West Compton Blvd., Compton, CA 90220

David V. Kenyon Juvenile Justice Center (Delinquency) 7625 South Central Avenue, Los Angeles, CA 90001

Downey Courthouse 7500 East Imperial Highway, Downey, CA 90242

East Los Angeles Courthouse 4848 E. Civic Center Way , Los Angeles, CA 90022

Eastlake Juvenile Court (Delinquency) 1601 Eastlake Avenue, Los Angeles, CA 90033

Edmund D. Edelman Children's Court (Dependency) 201 Center Plaza Drive, Monterey Park, CA 91754

El Monte Courthouse 11234 East Valley Blvd., El Monte, CA 91731

Glendale Courthouse 600 East Broadway, Glendale, CA 91206

Hollywood Courthouse 5925 Hollywood Blvd., Los Angeles, CA 90028

Huntington Park Courthouse 6548 Miles Ave., Huntington Park, CA 90255

Inglewood Courthouse One Regent Street, Inglewood, CA 90301

Inglewood Juvenile Courthouse (Delinquency) 110 Regent Street, Inglewood, CA 90301

Long Beach Courthouse 415 West Ocean Blvd., Long Beach, CA 90802

Los Padrinos Juvenile Courthouse (Delinquency) 7281 East Quill Drive, Downey, CA 90242

Malibu Courthouse 23525 Civic Center Way, Malibu, CA 90265

Mental Health Courthouse 1150 North San Fernando Rd, Los Angeles, CA 90065

Metropolitan Courthouse 1945 South Hill Street, Los Angeles, CA 90007

Michael Antonovich Antelope Valley Courthouse 42011 4th Street West, Lancaster, CA 93534

Norwalk Courthouse 12720 Norwalk Blvd., Norwalk, CA 90650

Pasadena Courthouse 300 East Walnut Ave., Pasadena, CA 91101

Pomona Courthouse North 350 West Mission Blvd., Pomona, CA 91766

Pomona Courthouse South 400 Civic Center Plaza, Pomona, CA 91766

San Fernando Courthouse 900 Third Street, San Fernando, CA 91340

San Pedro Courthouse 505 South Center Street, San Pedro, CA 90731

Santa Clarita Courthouse 23747 West Valencia Blvd., Santa Clarita, CA 91355

Santa Monica Courthouse 1725 Main Street, Santa Monica, CA 90401

Stanley Mosk Courthouse 111 North Hill Street, Los Angeles, CA 90012

Stanley Mosk Courthouse 110 North Grand Ave., Los Angeles, CA 90012

Sylmar Juvenile Courthouse (Delinquency) 16350 Filbert Street, Sylmar, CA 91342

Torrance Courthouse 825 Maple Ave., Torrance, CA 90503

Van Nuys Courthouse East 6230 Sylmar Ave., Van Nuys, CA 91401

Van Nuys Courthouse West 14400 Erwin Street Mall, Van Nuys, CA 91401

West Covina Courthouse 1427 West Covina Parkway, West Covina, CA 91790

West Los Angeles Courthouse 1633 Purdue Ave., Los Angeles, CA 90025

Whittier Courthouse 7339 South Painter Ave., Whittier, CA 90602

Early Termination of Probation in California

What exactly is probation? Probation generally comes in two types; formal probation, and informal probation.

California Penal Code section 1203.3 talks about probation and the inherent power that the court has to regulate a probationers conduct, or to modify or even end or terminate probation if it makes a finding that such an act is in the interest of justice.

Formal probation is generally given on felony cases. It is a more structured type of probation, and often requires the probationer to report either in person or through an electronic kiosk or post card type reporting on a monthly basis. The probationer is also subject to periodic drug testing as well as search and seizure terms at their home. Some misdemeanor cases result in formal probation although this is pretty unusual, usually limited to serious sex-related misdemeanors, or when the case is reduced to a misdemeanor as part of a plea bargain with the agreement that formal probation will attach as part of the plea.

Informal probation is also called "summary" or "court" probation. This type of probation is a much lower level of supervision, and the probationer does not even need to report to the probation department. They are given a set of terms and conditions of probation, such as paying a fine, attending an alcohol or anger management school, and a general term to "violate the law". This probation is regulated by the court, and generally speaking the only time an issue occurs is when there is a violation of that probation by failure to pay a fine, or perhaps a subsequent arrest during the term of the probation.

The court maintains ongoing power to modify probation during the term of Probation. We address that ongoing power of the court in a motion for early termination of probation. Certain types of cases such as DUIs, or domestic violence cases are more difficult to obtain early termination of probation on.

We have had about 75% of our motions granted; If your motion is denied, we re-file for expungement FOR NO ADDITIONAL LEGAL FEES at the end of probation.

We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.

We have been successful in our motions to end probation early in Courts all over California. This procedure can take about 5 to 6 weeks, depending upon the Court and the complexity of the case. Please call us to discuss the facts of your case.

California Law (§1203.3 of the Penal Code) allows a Motion to be filed to request a person released be from Probation early, and apply for expungement (§1203.4 PC) at the same time. Usually about half of the Probation Term should have been completed. This is a decision that is discretionary with the Judge, and may be opposed by the Prosecutor's office. It requires a formal written Motion and Court Hearing.

All conditions of Probation must be complete before the Motion to Terminate can be filed; that is, all fines, fees, restitution, classes, programs or community service need to be done before the Court will consider the case. Both misdemeanor and felony probationers can be granted an early termination. At the time probation is terminated, an expungement will be requested immediately and is usually granted during the same Court proceeding.

This procedure requires a seasoned Attorney; it is not a simple form, and requires creativity and court experience.

Fees are reasonable: $1250.00 (may be paid in two or three installments), and include the Motion for Early Termination, Petition for Expungement, Reduction to Misdemeanor (if applicable), all Court appearances, filing fees, Court costs, and research.

CALL US FOR A FREE CONSULTATION 800 495 2819 OR CLICK HERE

Reduce a Felony Conviction to a Misdemeanor

California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. This can be done at any time, even years after the conviction. See, Meyer v. Superior Court, 247 Cal. App. 2D 133 (1966) This is a decision that is discretionary with the Judge, see, People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 977; and may be opposed by the Prosecutor's office. It requires a Motion and Court Hearing on the merits of the request. This can be done at the same time an Expungement is requested. As the Judge has great discretion in this decision, it is crucial to present the Court with facts favorable to the reduction. Experienced legal counsel increases the chances of success. The charge must be a "wobbler" (originally chargeable as a misdemeanor or felony) so not all felony cases can be reduced. Most 'white collar' type offenses are wobblers. We have had about 95% of our motions to reduce granted. The conviction is then a misdemeanor "for all purposes" making licensing and employment opportunities MUCH better- you no longer have a felony record, and can honestly answer "no" to any question regarding a felony conviction. This reduction can also mean potential restoration of firearms rights; see, People v. Gilbreth (2007) 156 Cal. App. 4th 53, 57-58. We have successfully reduced felony convictions all over California. This procedure can take about 8 weeks to 12 weeks, depending upon the Court and the complexity of the case. Please call for a free consultation to determine if you are eligible for the reduction of your case. If your case involved a State Prison sentence, even if the prison sentence was suspended, you are not eligible to reduce the conviction status to misdemeanor. Fees are reasonable: $750.00 to (may be paid in two installments), and include the Petition for Reduction to Misdemeanor, Expungement (if applicable), all Court appearances, filing fees and research. If Reduction under 17(b) of the Penal Code is done at the same time as an Expungement (set aside and dismissal under Penal Code §1203.4), there is NO additional charge for the reduction proceeding. Visit Our Website for more Information, or call 800 495 2819 for a free consultation.

New Website is UP!

We have been online since 2003 with a site specifically for California Expungement law; Our Record-Clear.com site has been totally redesigned and has much new content, including videos, published cases and a new "Terminology" page. Take a look and find out more about California's Expungement Law and our services. Visit HERE

California Law Now Allows Expungement of Many Infractions

AB 2582, amending 1203.4 of the California Penal Code and effective January 2011, allows certain NON TRAFFIC infractions to be expunged.  Up until this time, only felonies and misdemeanors were eligible to be expunged.

Certain California infractions can now be expunged. This will be very helpful to those convicted of infractions such as disturbing the peace, trespass, or petty theft under Penal Code 490.1.

An infraction is a minor offense that can only be punished with a fine.

We can expunge your California Infraction conviction by withdrawing your plea and having the case dismissed in most circumstances. The law is complex in certain areas, but expungement is something that SHOULD be done by everyone with an Infraction conviction record.

We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.

California Infraction Expungement usually takes 6-12 weeks, and our fees are from $495 to $550 depending upon the court. Infractions that occurred years ago can now be expunged due to the change in Penal Code 1203.4 allowing such Infraction Expungements.

Please call us for free telephone consultation at             800-495-2819       or visit our website: Record-Clear.com.

How long does a California Expungement take?

Like so many questions involving the practice of law, the answer is "it depends"

Several factors impact the length of time an expungement takes to go through the court system. Some of these factors are: the length of time between the conviction and the filing of the expungement; whether or not the case is in the current computer system at the courthouse where the expungement needs to be filed; whether or not the case is a felony or misdemeanor; how complex the case is; whether or not the case file is in storage off-site from the courthouse where the expungement needs to be processed; and if the Court wants a Probation Report prepared prior to the Court hearing.

Cases that are less than 10 years old usually process reasonably fast, as the files are still physically on site at most courthouses in California. Also, cases that are recent are automated and often times the entire case is available as an electronic docket so that the clerk's office and the court can have instant access to the entire history of the case.

Older cases are often placed in a central storage area that is commonly called the “archives”. Once a case has been sent to archives it is often processed into microfiche, or a similar optical storage process.

In some counties, such as Los Angeles County, felony cases are moved to a central storage facility near downtown, and retrieval of those cases can often take 60 to 90 days before the expungement process even starts in the courthouse where the case occurred.

Some courthouses tend to be very efficient in processing expungements and “turn around” petitions in 6 to 8 weeks; Van Nuys Court in LA County and the Newport Beach Court in Orange County tend to be pretty quick in processing expungements that are less than 10 years old.

Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases and can take up to six months.

When you call us for telephone consultation we will be able to give you a better idea of a more precise time that your expungement petition will probably take. That being said, expungement petitions are not a priority for the court system, and there is no time limit associated with expungement petitions, so sometimes delays of weeks or months occur.

See our UTube Video HERE

Please call us for free telephone consultation at 800-495-2819 or visit our website Record-Clear.com.