Criminal Defense Q&A: How Soon Can I Expunge My Domestic Violence Conviction If I Didn’t Get Probation?
Question:
Can my case be expunged even if I have a misdemeanor with no probation? I was arrested for PC sec. 243(e)(1) and I was given a misdemeanor with no probation. Since my plea, I have no probation, only fines. Can I get it expunged immediately?
Answer:
Your misdemeanor conviction cannot be expunged immediately. By law, the soonest that a misdemeanor conviction that resulted in a sentence other than probation can be expunged is one year from the date of sentencing. Penal Code 1203.4a.
At the one year mark, the Court will look to see whether you’ve completed all the terms of your sentence; whether you’ve been charged or convicted of a new crime; and whether you’ve been obeying the law for the last year. If you’ve satisfied the terms of your sentence and stayed out of trouble, then the Court must expunge your misdemeanor conviction. Penal Code 1203.4a(a).
However, if, during that one-year period, you were detained or arrested by police, but never charged, the Court’s ability to expunge your conviction becomes discretionary. In other words, the Court can choose to not grant your expungement if you suffer an arrest or detention after your conviction. Penal Code 1203.4a(b).
Be aware that when a sentence other than probation is imposed in a misdemeanor conviction, one year from sentencing is the soonest that you may receive an expungement; however, you can seek an expungement after the one-year mark. No matter when you petition the Court for an expungement, the relevant factors will always be the satisfaction of the terms of your sentence and a clean criminal record.
Want to learn more? Read other criminal defense attorney answers at Avvo: How Soon Can I Expunge My Domestic Violence Conviction If I Didn’t Get Probation?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
