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If you have been convicted of domestic violence you  may still be eligible for an expungement.  Under Penal Code 1203.4 you may petition the court to expunge your misdemeanor conviction for coroporal domestic violence.  It is always desirable to seek an expungement since your conviction wil not appear on a public database. ( it wil appear on law enforcement databases) should anyone conduct a criminal background check, including landlords or private employers.  

An expungement, however, does not result in complet eradication of your conviction record.  It remains accessible to persons considering you for public employment ie. law enforcement or peace officer positions, and court personel, for sentencing purposes, if you take the stand in your own defense an expunged crime may but not certainly may be used against you. and can be used as a sentence enhancement for a subsequent felony offense.

Another major benefit of obtaining an expungement is that it enables you to state on any application or rental application even under oath, that you were never convicted of a crime.  Unlike a Felony, you do not have to disclose your conviction, along with the fact that it was expunged if you apply to run for public office. 


If you were convicted of a misdemeanor under 273.5 or a Felony for which you served no state prision time, you qualify for an expungement of the conviction.  You may petition the court once you satisfy these conditions.

you completed all conditions of your sentence

you have not committed a subsequent felony

you have no criminal charges pending

you did not violate your probation. 

a probation violation does not necessarily render your conviction ineligible so long as you did not commit a serious misdemeanor or a felony offense.  A court will review your overal  criminal record and your need for an expungement order. 

If you have any questions give us a call as a former probation officer, deputy district attorney, and criminology instructor with more than 14 years of experience I have the knowlege to help.  559-441-1418

Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418