Can I Remove A Domestic Violence Charge?
A domestic violence conviction is a serious criminal matter and can flip your life upside down. According to an experienced domestic violence attorney in Orange County, not only is domestic violence punished harshly, but convicted individuals often continue to go through the consequences long after they serve their sentence. The ones who are convicted often wonder if there is some way to get rid of the charge from their criminal record.
Based on the circumstances surrounding your case, a specialized criminal defense attorney may be able to help you request an expungement.
At The Law Offices of Sood and Sood, Sunita Sood has been service people for years now and helping them achieve favorable outcomes for their cases. We are committed to working tirelessly help our clients move their lives forward after a criminal conviction. When you work with us, you can trust this practiced domestic violence and divorce lawyer in Orange County leaves no stone unturned as she investigates your case and defends your rights.
Even though an expungement does not pardon or absolve a convicted individual of any wrongdoing, however, it can get rid of a criminal record from public view. In other words, your landlord or employer would not see it if they accessed your criminal record, but it would still be viewable by law enforcement. Generally, the majority of misdemeanor charges are eligible for expungement. However, the court will not allow an expungement under certain exacerbating circumstances such as repeat offenses or parole violations.
In addition, your expungement may be denied if you are on probation or parole for any other offense.
It is also necessary to note that not every domestic violence conviction can be removed, including felony-level offenses. A lot of domestic violence charges are considered “wobblers” under California law. In other words, it is up to the prosecutor to make a decision whether to charge the defendant with a felony or misdemeanor offense.
If aggravating factors such as bodily injury or use of a deadly weapon apply to a case, the defendant will likely to be charged with a felony offense. However, if your lawyer can reduce the charges to the misdemeanor level, your conviction may still be eligible for expungement.
How can a lawyer help me with my expungement?
Domestic violence expungements can be incredibly complex and challenging to deal with on your own. A knowledgeable Orange County domestic violence lawyer can review every detail of your case to find out if you may qualify for an expungement. They will then file a motion with the court and build a solid case to argue why you need an expungement at a hearing before a judge.
If you wish to seen an expungement, it is imperative to meet with a lawyer and start the process as soon as possible. If your conviction occurred recently, the legal process might take anywhere from 90 – 120 days. So, what are you waiting for? Meet book your appointment with Sunita Sood at The Law Offices of Sood and Sood and get advice from a professional for domestic violence and family law in Orange County!