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Domestic Battery (PC 243(e)(1)) Conviction Expunged, Compton
In September 2018, our client, then 23, was arrested by the Los Angeles Sheriff’s Department, Lakewood Station, on suspicion of committing domestic violence (Penal Code § 273.5(a)). The victim was his girlfriend at the time. She had no visible injuries, but she told police our client hit, pushed and kicked her.
Nine months later, our client entered a no contest plea to a violation of Penal Code § 243(e)(1) (battery upon a girlfriend or spouse or one with whom has or had a romantic relationship), a misdemeanor, after prosecutors understood that “victim” may have fabricated everything.
The terms of the plea bargain were that our client was placed on three years of summary, or informal, probation on the following terms and conditions: payment of a court fine, plus penalties and assessments, totaling $220; attendance at 52 weekly batterer’s classes; payment of a $500 contribution to a batterers’ victim fund and compliance with a stay away order from the victim.
Our client successfully completed all terms of probation with the passage of three years in June, 2022.
Due to pressing employment concerns, the client called our office and asked if he could have his conviction removed from his criminal record. The client spoke with Greg Hill, who told him that since he was actually convicted, the record could not be erased or deleted from his record, but he could have the record changed to show his last plea was not guilty and that the case was dismissed.
The client would then have the legal right to tell anyone asking him (with certain exceptions) that he was not convicted of violating Penal Code § 243(e)(1). This was expungement, Greg explained, as provided for under Penal Code § 1203.4(a). Greg explained that this was the best thing he could do for his record, as he was a U.S. citizen and not eligible for vacating the plea under Penal Code § 1473.7(a).
Greg then explained that the exceptions to being able to deny such a conviction ever existed were if the client applied for a job as a peace officer or ran for public office, or sought licensing from any state or local agency (i.e., to become a licensed attorney, dentist, real estate broker, medical doctor, etc.) or if he wanted to run a state lottery (i.e., he owned a liquor store and wanted to sell lottery tickets).
The client agreed to then retain our office to prepare, file and serve the petition for dismissal under Penal Code § 1203.4(a).
The petition included the judicial council form as well as a short memorandum of points and authorities with a brief description of the applicable law, the facts of the case and a declaration from our client stating that he was committed to living in a positive, productive direction, that he had lived a stable life since this conviction and that he had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue.
The declaration also explained the need for expungement, as our client was unemployed, but he wanted to pursue a career within the medical profession. The declaration stated that he realized that he would be denied employment opportunities while having a conviction for Penal Code § 243(e)(1) and this was having a crippling impact on his professional and personal life.
The work on the petition took about a week, as our client provided answers to our questions the same day as we sent them to him by email.
Our office then filed the petition, paid the $120 court filing fee at the Compton Superior Court, and served the petition to the Compton District Attorney’s Office.
Nine months later, our client entered a no contest plea to a violation of Penal Code § 243(e)(1) (battery upon a girlfriend or spouse or one with whom has or had a romantic relationship), a misdemeanor, after prosecutors understood that “victim” may have fabricated everything.
The terms of the plea bargain were that our client was placed on three years of summary, or informal, probation on the following terms and conditions: payment of a court fine, plus penalties and assessments, totaling $220; attendance at 52 weekly batterer’s classes; payment of a $500 contribution to a batterers’ victim fund and compliance with a stay away order from the victim.
Our client successfully completed all terms of probation with the passage of three years in June, 2022.
Due to pressing employment concerns, the client called our office and asked if he could have his conviction removed from his criminal record. The client spoke with Greg Hill, who told him that since he was actually convicted, the record could not be erased or deleted from his record, but he could have the record changed to show his last plea was not guilty and that the case was dismissed.
The client would then have the legal right to tell anyone asking him (with certain exceptions) that he was not convicted of violating Penal Code § 243(e)(1). This was expungement, Greg explained, as provided for under Penal Code § 1203.4(a). Greg explained that this was the best thing he could do for his record, as he was a U.S. citizen and not eligible for vacating the plea under Penal Code § 1473.7(a).
Greg then explained that the exceptions to being able to deny such a conviction ever existed were if the client applied for a job as a peace officer or ran for public office, or sought licensing from any state or local agency (i.e., to become a licensed attorney, dentist, real estate broker, medical doctor, etc.) or if he wanted to run a state lottery (i.e., he owned a liquor store and wanted to sell lottery tickets).
The client agreed to then retain our office to prepare, file and serve the petition for dismissal under Penal Code § 1203.4(a).
The petition included the judicial council form as well as a short memorandum of points and authorities with a brief description of the applicable law, the facts of the case and a declaration from our client stating that he was committed to living in a positive, productive direction, that he had lived a stable life since this conviction and that he had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue.
The declaration also explained the need for expungement, as our client was unemployed, but he wanted to pursue a career within the medical profession. The declaration stated that he realized that he would be denied employment opportunities while having a conviction for Penal Code § 243(e)(1) and this was having a crippling impact on his professional and personal life.
The work on the petition took about a week, as our client provided answers to our questions the same day as we sent them to him by email.
Our office then filed the petition, paid the $120 court filing fee at the Compton Superior Court, and served the petition to the Compton District Attorney’s Office.
Surprisingly, the petition for dismissal was assigned to a judge who handled the review of it in chambers within a month. No hearing was ever set in the Compton Courthouse. The judge granted the petition and the court clerk simply mailed us a signed order, which certainly made our client quite happy.
