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Expungement for Battery in California

According to California’s penal code, battery is defined as the willful and unlawful use of force or violence upon another person. If you have been convicted for battery in the state of California, and you have completed probation and have not had any other incidents, you might be eligible for expungement. In order to pursue expungement of your criminal record, you will need to meet with an attorney to get help filing a Petition for Expungement, setting a hearing date, and serving the DA with a copy of the Petition.

What Does it Mean to Expunge My Record?

When you successfully expunge your record, it does NOT mean that the conviction is wiped away, sealed, purged, or destroyed. The arrest and charges are still there, but the conviction is technically "set aside and dismissed.” This means:

  • The case number on your official criminal history will have the words "set aside and dismissed" it instead of "convicted". This can help you when you apply for state licenses. Employers who conduct background checks will also find that your conviction was dismissed as well.
  • If a potential employer asks you if you have ever been convicted of a crime, you can honestly answer no. This is because legally, the conviction is gone. However, if you know the employer is going to do a background check, you should probably inform them that you had a case dismissed, just in case they don't see the expungement when they look through public records.

It is important to note that there are there are a few places where you still have to say yes, if asked whether you have been convicted, even if the crime has been expunged. These places include:

  • The INS
  • Any state or local licensing agency
  • Contracts with the state lottery
  • Applications for public office

If you're applying for a job in a different state, it is a good idea to be on the safe side and tell any potential employers that you had a case but it was dismissed, just in case they have different rules than California.

What About the Police & Government Agencies?

  • Expunged convictions can still be used as priors and strikes.
  • Expunged convictions can still affect your driving privileges.
  • Expunged convictions can still restrict your ability to possess a firearm.
  • Expungement does not affect sex offender registration requirements.
  • Expungement can help you get a state license, but it is not guaranteed. You should check with the licensing agency to see if you can get a license with your criminal background, even if your convictions are expunged.

Talk to a Criminal Defense Attorney Today

At the Law Office of Ivan O.B. Morse, we are committed to helping clients in Dublin and surrounding communities overcome their criminal records and restore their reputations. We can review your case and determine if you meet the criteria for expungement. Let us put our skills and resources to work for you today.

Contact our office to schedule your free consultation with our friendly legal professionals who can explain your rights and legal options.

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