Harbor City, Domestic Violence, Conviction Expunged

In May 2008, our client, then 29 years old, was arrested by the Los Angeles Police Department, Harbor Division, for domestic violence.  The victim was his wife, who was bruised to her arms, although she also gave our client a bloody nose.  She was not charged with any crime.  At the time, our client and his wife lived together in San Pedro.

Approximately a month later, he pled no contest to count one, a misdemeanor violation of Penal Code § 273.5(a).  Count two, an alleged misdemeanor violation of Penal Code 136.1(b)(1) (attempting to dissuade a witness or victim from making a report), was dismissed.  Our client was then represented by the public defender’s office.  The case was out of the Long Beach Superior Court.

The terms of the plea bargain were that our client was placed on thirty-six months of summary probation, conditioned upon serving two days in county jail (less credit for two days); payment of $400 to a domestic violence prevention fund; enrollment in and completion of a 52-session batterers program; performance of forty hours of community service; and payment of a court fee of $655. 

In June 2011, probation expired naturally upon three years passing from the date of the conviction.

Thirteen years later, due to pressing employment concerns, the client called our office to ask about expungement.  The client explained his prior conviction and his need for expungement, which is a request for a judge to order the withdrawal of his “No Contest” plea, reinstate the “Not Guilty” plea as the last plea in the case and to dismiss the Complaint under Penal Code § 1203.4(a).

Greg further explained to the client that expungement does not erase, delete or remove the entry on one’s record of the case having been filed (like is done in sealing).  Greg also explained that while relief under Penal Code § 1203.4 does allow the petitioner to legally represent he or she was never convicted of the crime, there were four exceptions to this, where one must disclose the conviction.  The four exceptions are: 1) on an application for public office; 2) applying to operate a California state lottery; 3) applying for a government job; and 4) applying for a state license, i.e., to be licensed as an attorney, a medical doctor, a real estate broker, etc.

The client then hired our office and we prepared the judicial council form (the CR-180) as well as a supplemental memorandum with a declaration from the client.  
 
The supplemental memorandum explained how our client, now forty-five, had shown that he is committed to turning his life around and living in a positive, productive direction.  His declaration stated that he had lived a stable life since the conviction in this case.  He had worked hard and resolved never to make the kinds of mistakes that led to the conduct at issue.  He was dedicated to continuing his life in a productive way with continued employment with the County of Los Angeles Department of Parks and Recreation, where he worked as a plumber.  He had been with the County for 18 years.

However, he was being held back from promotion due to this conviction.  This prevented him from earning a higher income.  He did not want his family to pay for his past mistake.  This was having a crippling impact on his ambitions and professional life.  He was still married to the same woman who was the victim in this case.

Moreover, our client did not realize when he entered his plea in June 2008 that the conviction would impact his life to such a degree that he would be barred from work opportunities or bar him from a full plumbing career.  After all, he had no prior criminal history before June 2008 and certainly no criminal history after this.  

The judge in the Long Beach Superior Court granted the petition.  The Los Angeles City Attorney there did not oppose the petition.