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If you or a loved one has been convicted of a Domestic Violence case and need or want an expungement give our office a call.  Many peopple wonder if a domestic violence case is somehow exempt fromt he expungement statutes they are not. 

In this article I will go over the Misdemeanor Domestic Violence elements and then what an expungement is and how you can get one and what are the effects of an expungement but first I will go over the firearms rights and how the expungement will not get your firearm rights back.  

DOES AN EXPUNGEMENT FOR A DOMESTIC VIOLENCE OFFENSE RESTORE MY FIREARM RIGHTS?

The answer to this question is no and I will explain.  Federal Law has changed recently to exclude those who committed domestic violence cases from owning or possessing firearms.  

THE DIFFERENCE BETWEEN FEDERAL AND STATE LAW

In state law someone that has committed a violent Misdemeanor or  domestic violence offense has a 10 year  ban on owning or purchasing or posssessing a firearm.   After that period has run out then the person can again lawfully own possess a firearm.

 

HOWEVER UNDER FEDERAL LAW 

for Domestic Violence cases only the right to own or buy a firearm is not restored after that 10 year period has elapsed.  That means under Federal Law when you go to buy a firearm you will not be able to and the application will be denied.  This does not change even if you get an expungement on a domestic violence case.   Many people falsely believe and even some Attorneys advertise that a expungement somehow erases your record this is not true. 

 

WHAT IS A DOMESTIC VIOLENCE MISDEMEANOR 

In another blog post I will go over a Felony Domestic Violence offense and how to reduce that offense to a Misdemenaor.  

1. Defendant willfully inflicted corporeal injury on a spouse

2. victim was either:

defendant's spouse or former spouse

person with whom he or she was cohabitating 

fiance or someoene with whom the offender has previously has or had a dating relationship 

the mother of his or her child 

corporeal injury to that person

 

HOW DO I GET AN EXPUNGEMENT OF THIS OFFENSE?

Under the statute for expungement which is found in Penal Code section 1203.4 you can get an expungement for this offense if you are not currently on probation, have completed your probation period, which will always be formal probation for a domestic violence offense and are not currently facing or subject to any other charges.  

the court will always look to see if you had violations of your probation do you complete the 52 week batterer treatment program, and did you do as you were directed by probation.  

We always gather all information regarding he above requirements get letters of recommendation and do investigation before setting a court date to have the matter set for a possible expungement.  

WHAT IS THE EFFECT OF THE EXPUNGEMENT?

The effect of the expungement is that you can for most places of employment and housing truthfully answer that you have not been convicted for any offensse and that is a truthful answer.  again what it will not do is completely erase the conviction and for government of background information for peace officer positions give you the right to not answer the question that you have never been convicted of a crime.  You shoul always consult with an Attorney when filling out applications and nothing in this article is meant as specific legal advice.  If you have questions after reading this article give us a call and we can sit down and help you get an accurate appraisal of your case give us a call 559 441-1418.

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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