Can I get a domestic violence felony expungement? 4 Answers as of June 01, 2011

I recently did 30 days in county not state prison. They gave me 1 yr felony probation. I'm in the military and was going to apply for a position but they do a background check. How can I get this completely off my record or at least to where it won't come up once they do back ground check. I just started my probation. Any help would be great. Can i hsve this dropped to a misdesmeanor right now. I'm on 1 yr felony probation and then geys dropped to misdeameanor but I can't wait for a yr any help thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You probably cannot do it... On your own, that is. You should consider hiring an attorney. It can be done with a motion to modify probation or an Motion to Dismiss. A serious effect on your career and livelihood is a strong argument.The military might find it, anyway. I would double-check whether even the relief of Penal Code section 1203.4 would allow you to fail to disclose the conviction, but it would be your only real hope. You need to have the charge dropped to a misdemeanor, terminate probation and have the case dismissed.
Answer Applies to: California
Replied: 6/1/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
Is this in California? what jurisdiction? The law is the same throughout the state but practice may be different in different jurisdictions. Would also need to know the exact statute you pled to in order to determine if it can be reduced to a misdemeanor. usually, if you have pled guilty, even if you get a record clearance, the case gets dismissed, but is still visible in background checks. it depends on what the employer decides to do with a case that has been dismissed due to successful completion of probation. since the employer here is the government, one would think they would follow the law and not ignore a record clearance simply consider the case dismissed, if you qualify.
Answer Applies to: California
Replied: 6/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
How can I get this completely off my record or at least to where it won't come up once they do back ground check? You cant. Even if it could be expunged, expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need. FYI: If you also got a domestic violence restraining order against you, then you became a prohibited person under state and federal law, barred from owning or possessing firearms and ammunition. That will obviously affect military service, and must be disclosed to them under the UCMJ, just like any criminal conviction or arrest.
Answer Applies to: California
Replied: 6/1/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Unfortunately you have to wait for the probation to expire before you can do anything. Legally you can try to do an early termination, but the chances are nearly zero that the Judge will grant it, given that a year hasn't even passed and it's a felony. Realize that probation likely won't be done after a year; instead you'd be on misdemeanor summary probation from that point forward.
Answer Applies to: California
Replied: 6/1/2011
Click to View More Answers: