Domestic violence casts a long shadow, affecting people’s lives and leaving indelible marks on their records and futures. If you or a loved one is facing the difficult reality of a domestic violence charge, it is vital to understand the legal ramifications, the impact, and how to navigate the path to a clean slate.
The Law Offices of Kerry L. Armstrong, APLC, explains the legal complexities and the long-term consequences of domestic violence charges and convictions. If you have questions, contact us today.
Key Takeaways: Domestic Violence Charges in California
- A domestic violence charge can stay on your record in California indefinitely, depending on whether the case resulted in a conviction, dismissal, or other outcome, unless steps are taken to reduce or limit its visibility.
- Even a dismissed domestic violence charge in California may still appear on background checks, which can affect employment, housing, and professional opportunities.
- Misdemeanor and felony domestic violence records in California can have different long-term consequences, with felony convictions typically carrying more serious and lasting effects.
- In some situations, options may exist to reduce the impact of a domestic violence record in California, making early legal guidance important for protecting future opportunities.
How Long Does a Domestic Violence Charge Stay on Your Record in California?
When you get arrested for domestic violence, or any other criminal charge, the arrest record remains even if the case gets dropped. In other words, law-enforcement or the prosecutor’s office does not automatically take the arrest off your record regardless of how the case resolves.
How long a domestic violence charge stays on your record varies depending on the specific circumstances of your case and whether your charge results in a conviction or dismissal.
How Long Does a Dropped Domestic Violence Charge Stay on Your Record?
If your case is dropped and you never get convicted, the record of the arrest is still on your criminal record for life—unless and until you file a petition pursuant to the California Penal Code section 851.91.
If you meet all the requirements and the judge grants your request, they can seal your record. However, bear in mind that these records are not entirely eliminated and can still be seen by some government agencies.
How Long Does a Misdemeanor Domestic Violence Conviction Stay on Your Record?
Just like a dropped case, a misdemeanor conviction for domestic violence will stay on your record for life, unless you file a petition under California Penal Code section 1203.4. If you are convicted of a misdemeanor, you will be eligible for a dismissal upon successful completion of probation.
But you must meet some requirements. Before granting your request, the judge will consider multiple factors. These considerations include whether you violated your probation in this case repeatedly, committed other crimes after this charge, and if you are currently on probation for a different offense.
How Long Does a Felony Domestic Violence Conviction Stay on Your Record?
A felony domestic violence conviction can have lifelong ramifications because it is permanently on your record unless you obtain a dismissal pursuant to Penal Code section 1203.4.
While rare, the Governor of California can grant a pardon for a felony conviction, essentially wiping it clean. However, obtaining a pardon for a felony domestic violence conviction in San Diego County can be a challenging and lengthy process. It typically requires demonstrating significant rehabilitation and good conduct since the conviction and strong evidence of remorse and positive contributions to society.
It is important to consult an experienced criminal defense attorney in San Diego County who is knowledgeable about criminal record expungement to navigate this complex legal process.
How a Domestic Violence Charge Affects Your Life In San Diego County, Regardless of the Outcome.
Accusations Alone Can Cause Damage
Being accused of domestic violence is a serious matter that can damage your reputation, relationships, and opportunities. The accusation can haunt you for years, even if the charges are dropped instead of being prosecuted.
Arrest reports and court records can resurface anytime, causing you embarrassment and inconvenience. You may face social stigma and mistrust from your family, friends, and employers. The accusation can also affect your emotional well-being, making you feel anxious, ashamed, or angry.
Aftermath of Convictions
Being convicted of domestic violence is even worse, and can harm your life in many ways. You may face harsh penalties such as fines, jail or prison time, probation, and restraining orders. For misdemeanors, you could serve up to a year in jail or be put on probation for up to five years.
With misdemeanor domestic violence probation, you will have to take domestic violence classes, lose your gun rights, be made to stay away from the victim, and you might have to do community service and pay hefty fines and fees.
For a felony conviction, you could serve up to six years in state prison, along with all the other penalties outlined above. And if you have any criminal history, especially a history of domestic violence, the penalties are typically on the higher side of the spectrum.
Convictions can result in you losing your job, your housing, your custody rights, and your civil rights. You may have a permanent criminal record that limits your future options and opportunities, which can further result in psychological trauma, depression, isolation, and low self-esteem.
But there is hope. Your attorney can help you determine if getting your case dismissed or expunged is a viable option.
What Is the Difference Between Sealing or Dismissing Your Record?
Sealing Your Record
Sealing restricts access to your criminal record, effectively making it invisible to all but law enforcement for specific purposes.
Your record is still there, but it is hidden or inaccessible to schools, landlords, and most employers. But remember that record sealing is available in California only if your case was dropped and you did not get convicted.
Dismissal Pursuant to Penal Code section 1203.4
A dismissal under Penal Code section 1203.4 is a legal process that allows certain convictions to be removed from your record. But understand that—even though a dismissal implies that your record is erased—that is not what the term means in California.
Here, it means that the court goes back and enters a dismissal for your case. Therefore, if anyone sees your background check, they will see that the case was dismissed. And the case is hidden from some private employers, landlords, and the like.
Is a Domestic Violence Charge Haunting You? We Can Help. Call 24/7.
Struggling with the aftermath of domestic violence charges, even if you were cleared? You’re not alone. California’s legal system can seem daunting, options for cleaning your record are unclear, and the emotional burden can feel overwhelming.
In this chaos, you need a proven San Diego defense attorney who understands California law and fights for your brighter tomorrow.
The Law Offices of Kerry L. Armstrong, APLC, is your secret weapon. Our seasoned attorneys focus on domestic violence cases, offering unwavering support and relentless legal expertise. We’ve navigated countless domestic violence cases in San Diego County, giving you an edge in this legal labyrinth.
Domestic Violence Charges in California: Frequently Asked Questions
How long does a domestic violence charge stay on your record in California?
+How long a domestic violence charge stays on your record in California depends on how the case is resolved. Arrests, charges, and convictions can remain on a criminal record unless action is taken to remove or limit their visibility.
Does a dismissed domestic violence charge stay on your record in California?
+A dismissed domestic violence charge in California can still appear on your record unless steps are taken to clear or seal it. Even without a conviction, dismissed cases may show up on background checks.
Does a domestic violence conviction stay on your record permanently?
+A domestic violence conviction in California can remain on a criminal record indefinitely unless relief is granted. The long-term impact depends on whether the conviction is classified as a misdemeanor or felony.
Can a domestic violence charge be expunged in California?
+Expungement of a domestic violence charge in California may be possible in some situations, depending on how the case ended and whether all court conditions were completed. Expungement can limit what employers see on background checks.
What is the difference between sealing and expunging a domestic violence record?
+Sealing a domestic violence record in California generally limits who can view it, while expungement updates the case outcome. Both options can help reduce the impact of a domestic violence record on daily life.
Will a domestic violence charge show up on background checks in California?
+Yes. A domestic violence criminal record in California can appear on background checks for employment, housing, or licensing, even if the charge was dismissed or reduced.
Is there a difference between misdemeanor and felony domestic violence records?
+Misdemeanor domestic violence California records and felony domestic violence California records can have different long-term consequences. Felony convictions generally carry more serious and lasting effects on a person’s criminal history.
Can a domestic violence charge affect gun ownership or rights?
+Domestic violence charges and convictions in California can impact firearm-related rights. These consequences often extend beyond the criminal case itself and can last long after court proceedings end.
Can a domestic violence record affect employment or housing?
+A domestic violence charge on your record in California can affect employment opportunities, housing applications, and professional licenses. This is why many people seek ways to reduce the visibility of their record.
When should I contact a San Diego domestic violence defense attorney?
+If you are facing domestic violence allegations or have concerns about your criminal record, contacting a San Diego domestic violence defense attorney early can help protect your rights and explore options for minimizing long-term consequences.
Where You Can Find Our San Diego, CA Office
Kerry L. Armstrong
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