Misdemeanor vs. Felony Domestic Violence in CA

Domestic violence (DV) in California can be charged either as a misdemeanor or a felony, depending on the circumstances and severity of the incident.

The key difference lies in whether the victim suffered a physical injury.

Misdemeanor domestic violence usually involves harmful or offensive contact without visible injury, whereas felony domestic violence typically involves inflicting an injury that results in a “traumatic condition” (even if minor).

Understanding these distinctions is crucial, as felony charges carry significantly harsher penalties than misdemeanors. In this guide, we’ll break down the legal definitions under California law, highlight the differences in charges, provide real-world examples, outline penalties and consequences, discuss possible defenses, and explain how factors like prior convictions or injuries influence the charge. We’ll also cover whether a domestic violence conviction can be expunged in California.

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Misdemeanor domestic violence under PC 243(e)(1)

In California, a misdemeanor domestic violence charge often refers to “domestic battery” as defined in Penal Code §243(e)(1).

This law makes it a misdemeanor to willfully use force or violence against an intimate partner, even if no visible injury occurs. In other words, any harmful or offensive touching of a spouse, fiancé(e), dating partner, co-parent, or cohabitant can be charged under PC 243(e)(1) so long as the act was willful and not in self-defense. Unlike felony domestic violence laws, no physical injury is required to violate this section – a shove, slap, or any unwanted physical contact could suffice.

Example: During a heated argument, Alex grabs his girlfriend’s arm and pushes her away. She is frightened but not physically hurt and no marks are left. Alex could be charged with misdemeanor domestic battery under PC 243(e)(1) because he willfully used force against an intimate partner without causing injury. Even though the act was relatively minor and left no bruises, it meets the definition of domestic battery.

Penalties for misdemeanor domestic violence

Misdemeanor domestic violence is punishable by up to one year in county jail and/or a fine up to $2,000 under California law. In practice, first-time offenders often receive a period of summary probation (informal probation), typically at least 3 years long, instead of the maximum jail time.

However, many counties impose a minimum jail term (around 30 days) even on misdemeanor DV convictions. Convicted individuals will also be required to complete a 52-week batterers’ intervention program (a weekly domestic violence class for a year) as a mandatory term of probation. Courts routinely issue a protective order (restraining order) protecting the victim, which can range from no-contact to peaceful-contact only, and it typically remains in effect during probation.

Additionally, even a misdemeanor domestic violence conviction triggers a firearm ban – under California law today this is a lifetime ban on owning or possessing guns for anyone convicted of a domestic violence offense (at minimum, a 10-year ban applied under older law). Other consequences include mandatory fines (such as a $500 payment to a domestic violence fund), possible restitution to the victim for any losses, and community service in some cases. While a misdemeanor is the less severe type of DV charge, these penalties show that California still treats it very seriously.

Felony domestic violence (PC 273.5 corporal injury)

When domestic violence causes physical injury, prosecutors will likely pursue charges under Penal Code §273.5 – inflicting corporal injury on an intimate partner.

This offense is commonly referred to as “felony domestic violence” because it involves bodily harm. The law requires that the defendant willfully inflicted a physical injury on an intimate partner, and that injury resulted in a “traumatic condition.”

A “traumatic condition” means any wound or bodily injury caused by the use of force – it can be minor or serious. Examples of injuries that qualify include bruises, cuts, sprains, broken bones, concussions, or any visible injury resulting from the incident. Because an injury occurred, this crime is considered more serious than a simple battery, and it can be charged as a felony. (Technically, PC 273.5 is a “wobbler,” meaning it can be a felony or a misdemeanor at the DA’s discretion, but it is often charged as a felony when injuries are present.)

Example: Pat and his wife get into an argument that turns physical. Pat punches her in the face, giving her a black eye and a swollen cheek. Police arrive and see her injuries. Pat will likely be charged under PC 273.5 for inflicting corporal injury. Because he caused a visible injury (a traumatic condition), the incident qualifies as domestic violence with injury – prosecutors could file it as a felony domestic violence case. If the injuries were even more severe (say a broken bone), a felony charge is almost certain.

Penalties for felony domestic violence

Domestic violence causing injury under PC 273.5 carries heavier consequences than a no-injury battery. This law is a wobbler, so the penalties depend on whether it’s charged as a misdemeanor or felony. If convicted as a misdemeanor, the maximum punishment is up to 1 year in county jail and up to $6,000 in fines (higher than the $2,000 cap for 243(e)(1) battery). If convicted as a felony, the sentence can be 2, 3, or 4 years in state prison (California state prison, not county jail) and up to $6,000 in fines. In both cases, the court may also grant probation (formal probation if a felony) instead of the full jail/prison term, but usually with a minimum jail time (often 30 days) as a condition. All the same ancillary penalties apply as with any DV case: a year-long batterers’ program, mandatory fees/restitution, a criminal protective order for the victim, and a lifetime firearm prohibition upon convictions.

Importantly, certain factors can increase felony DV penalties. Prior convictions for domestic violence or related offenses in the past 7 years can bump up the punishment: for example, if the defendant has a prior domestic battery or corporal injury conviction, the prison term for a new felony 273.5 can increase to 2, 4, or 5 years and fines up to $10,000. Moreover, if the victim suffered great bodily injury (GBI) – meaning a significant or substantial injury like serious wounds or broken limbs – prosecutors can add a GBI enhancement that tacks on an additional 3–5 years in prison on top of the base sentences. A felony case involving GBI is also classified as a “serious felony” (a strike under California’s Three Strikes law). In sum, felony domestic violence convictions not only bring the stigma of a felony record but can result in multi-year prison terms and very high fines, especially for repeat offenders or severe injury cases.

How prosecutors decide misdemeanor vs. felony charges

Whether a domestic violence incident is charged as a misdemeanor or a felony in California often comes down to the presence of injuries and the case history. As noted, PC 243(e)(1) (domestic battery) is always a misdemeanor – it’s the charge when there are no visible injuries. PC 273.5, on the other hand, is a wobbler that can be either a misdemeanor or felony at the prosecutor’s discretion, based on the facts.

Prosecutors will evaluate the severity of the victim’s injuries. If no injury or only pain is reported and no marks are evident, they’ll usually stick with a misdemeanor charge (243(e)(1)). But if any injury is confirmed – even something as small as a bruise or a minor cut – they have the option to charge PC 273.5. Serious injuries (like deep wounds, broken bones, concussion, etc.) will strongly push the case toward a felony filing. The logic is straightforward: violence that produces injuries is treated as more serious, warranting harsher charges.

The defendant’s prior history also weighs heavily. If the person has a history of domestic abuse or other violence, prosecutors are more inclined to file felony charges even if the new incident caused only mild injuries. Repeat offenders get less leeway. In fact, California law specifically enhances penalties for repeat domestic violence: a defendant with a prior DV conviction within the last 7 years can face a higher sentence (and higher fines) on a new case. This means a case that might have been a misdemeanor for a first-time offender could be charged as a felony for someone with past convictions.

Other aggravating factors can influence the decision as well. For instance, if a weapon was used during the incident (e.g. hitting a partner with an object), prosecutors might add separate felony charges like assault with a deadly weapon in addition to domestic violence. If the incident involved strangulation or suffocation, many jurisdictions treat that as an extremely serious sign of intent to cause harm, often justifying a felony charge. The presence of children during the domestic violence act can lead to additional charges (such as child endangerment) and make prosecutors less likely to offer leniency. Essentially, anything that makes the incident more dangerous or egregious will tilt the case toward a felony.

On the flip side, if the incident was relatively minor, isolated, and the accused has no prior record, a misdemeanor charge is more likely. Prosecutors do have discretion – for example, PC 273.5 can be filed as a misdemeanor if the injuries were very minor and mitigating circumstances exist. But once injuries are documented, you should not count on a misdemeanor. The safer assumption is that injury equals potential felony, and lack of injury equals misdemeanor, with the understanding that prior offenses or extreme conduct override those basics.

Real-world examples: misdemeanor vs. felony scenarios

To illustrate how the same general crime (domestic violence) can be treated differently, consider these scenarios:

Misdemeanor DV scenario – Jane and her boyfriend get into an argument. In a moment of anger, Jane shoves him against the wall and yells at him. He is startled and calls the police. Officers arrive and see no injuries on Jane’s boyfriend – no bruises or marks. Jane could be arrested and charged with misdemeanor domestic battery under PC 243(e)(1) for willfully using force on her intimate partner. The lack of any physical injury keeps this charge at the misdemeanor level. If convicted, Jane might face probation with anger management classes and a short jail stint, but not prison time.
Felony DV scenario – John, during an argument with his wife, throws a coffee mug at her. The mug hits her, causing a deep cut on her forehead that requires stitches. This is clearly a physical injury resulting from John’s use of force, so police will likely book John under PC 273.5. Because an injury (a “traumatic condition”) occurred, the case can be charged as a felony domestic violence offense. John could be looking at a felony conviction with a multi-year prison sentence. Even if the prosecutor exercised discretion to charge it as a misdemeanor (given maybe it’s his first offense), PC 273.5 still carries heavier penalties than a no-injury battery.
Felony DV with prior – Steve has a prior conviction for domestic violence from five years ago. One night, he gets into a fight with his live-in girlfriend and pushes her to the ground, causing her to sprain her wrist. Even if the wrist injury is not severe, prosecutors will note Steve’s history. Because he has a prior domestic violence conviction on record, this new incident is far more likely to be charged as a felony. California law allows enhanced penalties if a defendant has a DV conviction in the past 7 years. So Steve not only faces a felony charge under 273.5 for the sprained wrist, but also an increased potential fine (up to $10,000) and a longer possible prison term (up to 5 years rather than 4) due to the prior offenses.
Extreme case – GBI: Maria’s husband violently assaults her, punching and kicking her repeatedly. She suffers a broken rib and a concussion (serious injuries). This is charged as a felony domestic violence case under PC 273.5 without question. Moreover, because the injuries qualify as great bodily injury, prosecutors add a GBI enhancement seeking an extra 3–5 years of prison on top of the base sentence. Maria’s husband would be facing a potentially lengthy prison term, and the offense would count as a “strike” on his record. This illustrates how causing severe injuries in a domestic context greatly magnifies the legal consequences.

Each of these examples shows how the degree of harm and the defendant’s background can shift a domestic violence charge from a lower-level misdemeanor to a serious felony. Even relatively minor conduct can lead to a misdemeanor conviction, which still has significant repercussions. But as the conduct becomes more violent – or if the accused has done it before – California law responds with much tougher felony charges.

Penalties and sentencing differences

Both misdemeanor and felony domestic violence convictions carry a range of penalties, and there is some overlap in consequences. However, felonies come with higher maximum punishments and tend to trigger additional long-term effects. Below, we detail the differences in jail/prison time, fines, probation terms, and other consequences for misdemeanor vs. felony domestic violence in California.

Typical consequences of a domestic violence conviction include jail time, fines, probation, mandatory DV classes, and restitution for victims. Felony convictions generally carry longer/harsher penalties than misdemeanors.

Jail vs. Prison – A misdemeanor domestic violence conviction (e.g. under PC 243(e)(1)) can result in up to 1 year in county jail. By contrast, a felony domestic violence conviction (PC 273.5 as a felony) can lead to a state prison sentence of 2, 3, or 4 years. The incarceration for a felony is in state prison (or sometimes county jail under realignment, but it’s a prison term), and it’s measured in years rather than months. Additionally, if certain enhancements apply (like causing great bodily injury), a felony DV sentence can be extended well beyond 4 years (e.g. adding 3–5 extra years). Misdemeanors will never exceed 1 year of confinement for each offense, and that time is served in a local jail.
Fines and Fees – Misdemeanor DV carries a maximum base fine of $2,000 (not including additional court fees and assessments). Felony DV carries a higher base fine up to $6,000. If the defendant has prior domestic violence-related convictions, the fines can increase. For example, a repeat offender convicted under PC 273.5 can face up to $10,000 in fines. Courts also impose various fees: both misdemeanor and felony DV convictions require a payment (around $500) to fund domestic violence programs in the state, and restitution to the victim for any medical bills or damage costs is typically ordered.
Probation – Probation is common in domestic violence cases, especially for first-time offenders, but the type and length differ. Misdemeanor DV usually involves summary probation (informal probation supervised by the court) which in domestic violence cases is often 3 years long (a standard minimum). Some counties may set misdemeanor DV probation at 2 years, but California law mandates at least 36 months in many cases as a condition for DV probation. Felony DV can involve formal probation (supervised by a probation officer) for up to 4 or 5 years. Probation for any domestic violence case comes with mandatory terms set by law under Penal Code 1203.097: completion of a 52-week batterers’ intervention program, community service, a protective order protecting the victim, and various fees/fines are required on probation. Violating any probation condition (for example, failing to attend the weekly classes or contacting the protected victim) can lead to probation being revoked and the person being sent to jail or prison for the remainder of their sentence.
Mandatory Classes – As noted, attendance in a 52-week domestic violence batterers’ program is mandatory in almost all DV convictions, whether misdemeanor or felony. The defendant must enroll in weekly counseling/education sessions about domestic violence for one year and show proof of completion to the court. This is not optional – failure to complete the program can result in additional penalties or violation of probation. In addition to the batterers’ program, the court may also require anger management classes or substance abuse counseling if those issues are relevant to the case, but the 52-week DV program is specific to domestic violence cases.
Restraining Orders – Upon any DV conviction, the judge will issue a Criminal Protective Order (CPO) in favor of the victim. This is a form of restraining order that can last for up to 10 years and can either prohibit all contact (full stay-away order) or allow peaceful contact (especially if the parties have children and need to communicate). Even during the case (pre-conviction), courts often issue protective orders as a condition of bail or own-recognizance release. Violating a restraining order is a separate crime (usually a misdemeanor punishable by up to 1 year in jail), so compliance is critical. The existence of a CPO means that even if the victim wants contact, the defendant must follow the court’s order or risk new charges. In felony cases, judges tend to impose longer and stricter protective orders given the seriousness of the offense.
Firearm Ban – Under both state and federal law, any domestic violence conviction triggers a ban on firearm ownership. California recently strengthened its law to impose a lifetime firearm prohibition for anyone convicted of a domestic violence offense. (Previously, a misdemeanor DV conviction carried a 10-year firearm ban under California law, but federal law – the Lautenberg Amendment – has long imposed a lifetime ban on those convicted of a misdemeanor crime of domestic violence. Now California’s law mirrors the lifetime ban as well.) For felony convictions, a lifetime firearm ban was already in place (since all felonies in CA prohibit firearm possession for life). What this means is that if you are convicted of any domestic violence charge, you must surrender any firearms you own, and you forfeit your right to buy or possess guns indefinitely. Trying to keep or acquire guns after a DV conviction can result in new felony firearms charges. The firearm prohibition is a significant collateral consequence of domestic violence convictions that many people don’t realize until it’s too late.
Other Consequences – In addition to the above, having a domestic violence conviction – misdemeanor or felony – can impact child custody and visitation rights, since family courts take a history of abuse very seriously when determining custody (a DV conviction creates a rebuttable presumption against awarding sole or joint custody to the abuser). Immigration status is also affected: under federal immigration law, a conviction for a “crime of domestic violence” can make a non-citizen deportable. Felony DV (especially with injury) is explicitly a deportable offense, and even some misdemeanor DV convictions can trigger immigration consequences. Professional licenses (for doctors, nurses, teachers, etc.) may be suspended or revoked due to a domestic violence conviction, as these crimes are often seen as involving moral turpitude or violence. Finally, any conviction goes on your criminal record and can appear in background checks, potentially harming employment opportunities – though as we’ll discuss, expungement may help mitigate this.

In summary, a felony domestic violence conviction will generally lead to longer incarceration, higher fines, and a more prolonged period of supervision than a misdemeanor conviction. However, even misdemeanors have strict mandatory penalties (like the year-long class and restraining order) that reflect California’s tough stance on domestic abuse. There is no “slap on the wrist” for domestic violence – both levels carry significant consequences that can affect one’s freedom, finances, and future.

Legal defenses to domestic violence charges

Facing a domestic violence charge can be frightening, but remember that being accused does not guarantee a conviction. There are several legal defenses that an experienced attorney can argue to fight DV charges – whether misdemeanor or felony. Some of the common defenses in domestic violence cases include:

Self-Defense or Defense of Others – Perhaps the most common defense is that the accused was not the aggressor but rather acting to protect themselves. In heated domestic incidents, it’s not unusual for one person to use force only because they were about to be hit or had been attacked first. If you genuinely used reasonable force to defend yourself or your children, that’s a complete defense to a DV charge. For example, if your partner was about to strike you and you pushed them away to stop the attack, your attorney can argue you acted in lawful self-defense. The key is evidence – injuries on you, witness statements, or other proof of the other party’s aggression can substantiate this defense.
False Accusations – Unfortunately, false allegations do happen. Domestic situations can be emotionally charged, and sometimes one party lies or exaggerates about an abuse incident out of anger, jealousy, or to gain an advantage (for instance, in divorce or child custody disputes). If you are being falsely accused, your lawyer will emphasize inconsistencies in the accuser’s story, lack of corroborating evidence (no injuries when there should be, etc.), and possible motives to lie. Showing that the alleged victim has a reason to fabricate the claim – such as wanting to “get back at” you or to gain the upper hand in a legal matter – can create reasonable doubt. False allegations are a recognized problem; prosecutors and juries will consider this defense if supported by evidence.
Accident – This defense applies if the injury or contact was not a result of an intentional act. Remember, to be guilty of domestic battery or corporal injury, you must have acted willfully – i.e., on purpose. If the victim’s injury was an accident, that’s not a crime. For example, say you were having a verbal argument and you gestured with your hand, accidentally knocking over a heavy object that hit your partner and injured them. Or you tripped and fell into your partner, causing them to get hurt. If it truly was accidental without criminal intent, you have a strong defense. The challenge is convincing authorities it was accidental; physical evidence or third-party witnesses can help confirm your version of events.
Injury Not Caused by the Accused – Related to the accident defense is the claim that the victim’s injury or condition wasn’t caused by you at all. Perhaps the reported injury happened earlier or was self-inflicted or caused by something else. In domestic violence cases, especially where some time has passed, it’s possible an alleged victim shows injuries that the accused person did not actually cause. Defense attorneys can bring in medical experts or use photos/messages to establish a timeline that the injuries pre-date the incident or occurred in a different way. If the prosecution cannot prove beyond a reasonable doubt that the defendant’s actions caused the reported traumatic condition, then the PC 273.5 charge fails.
Insufficient Evidence – Even if none of the above defenses neatly apply, remember that the burden is always on the prosecution to prove the charge beyond a reasonable doubt. If the evidence mainly rests on one person’s word and that person has credibility issues (e.g., a history of lying, or was extremely intoxicated during the event, etc.), a skilled defense lawyer will highlight the lack of solid evidence. Police might have rushed to judgment with scant proof of what actually occurred. Sometimes the alleged victim later recants (although prosecutors often proceed anyway, assuming the recantation is pressured). A defense can simply be pointing out that the case is “he said, she said” with no medical reports, no independent witnesses, and inconsistent stories, thereby failing to eliminate reasonable doubt.

Every case is unique, and defenses must be tailored to the facts. It’s also worth mentioning that not every domestic violence allegation will go to trial – negotiating reduced charges or dismissal is often possible, especially for first-time incidents. For instance, a lawyer might negotiate a plea bargain to a lesser offense like disturbing the peace (Penal Code 415) or trespass (Penal Code 602), which carry much lighter consequences than a DV conviction (no loss of gun rights, less stigma, etc.).

In some cases, defendants may be eligible for a pre-trial diversion program – essentially, counseling and rehabilitation in exchange for a dismissal of charges if completed successfully. An experienced attorney will know what defenses and strategies apply and can often get a favorable outcome that avoids the harshest penalties of a DV charge.

Aggravating factors and their impact on charges

Certain aggravating factors can turn a domestic violence situation into a more serious charge or lead to enhanced penalties. We’ve touched on some of these, but to summarize how they influence misdemeanor vs. felony domestic violence:

Extent of Injuries – This is the primary factor. As noted, visible or verifiable injuries elevate a case from a simple misdemeanor battery to the more serious charge of inflicting corporal injury. Moreover, the severity of those injuries matters: serious bodily injuries (broken bones, significant wounds, etc.) can trigger additional felony enhancements (GBI enhancements) adding years to a sentence. If injuries are life-threatening or permanent, prosecutors might even consider more severe charges beyond PC 273.5 (for example, attempted murder or mayhem, depending on the circumstances). In short, the worse the injury, the more likely the case will be a high-level felony with correspondingly harsh punishment.
Use of Weapons or Dangerous Means – If a weapon was used in the domestic assault (such as a knife, firearm, or even a heavy object used to hit the victim), this will almost always result in felony charges. The DA may charge the conduct under general felony statutes like Penal Code 245(a)(1) (assault with a deadly weapon) in addition to the domestic violence charge. Even if not charged separately, the use of a weapon is an aggravating circumstance that courts consider at sentencing to impose upper-range penalties. Similarly, actions like choking/strangling the victim, hitting the victim’s head against something, or other particularly violent methods heighten the seriousness of the offense.
Prior Domestic Violence Convictions – A defendant with a prior conviction for domestic violence (or certain other violent crimes) within the past seven years faces significantly tougher treatment on a new DV charge. Under PC 273.5, a prior DV conviction can raise the offense to a higher sentencing range (with up to 5 years prison) and increase fines to $10,000. Even for misdemeanor domestic battery (243(e)(1)), while the charge level doesn’t “upgrade” to a felony by statute, a judge will likely impose a heavier jail term or may refuse to grant probation if the person is a repeat offender. Prior convictions essentially remove many leniency options – prosecutors are far more likely to insist on a jail or prison time and may not offer reduced charges. It labels the defendant as having a pattern of abuse, which is taken very seriously by the courts.
Violating a Protective Order or Probation at the time – If the incident occurred while a restraining order was already in place (say, the defendant was subject to a domestic violence restraining order from a previous case and then committed a new act of violence), this is an aggravating factor. Not only can the person be separately charged for violating the order, but the new DV charge will be treated with zero tolerance. Similarly, if someone was on probation for any offense and then gets arrested for domestic violence, judges will view that as an aggravator justifying tougher penalties or revocation of the prior case’s probation.
Presence of Children or Other Victims – Domestic violence incidents that occur in front of minor children, or involve children getting harmed in the fracas, can lead to additional charges like child endangerment (PC 273a) or child abuse charges if a child was injured. Even if charged only as a DV case, the fact children witnessed it is considered very aggravating. California law has separate enhancements for domestic violence committed in the presence of a child (for instance, Family Code allegations in custody court), and criminal courts may impose the upper term of sentencing due to this factor. Likewise, if the incident involved multiple victims (say the defendant assaulted their partner and the partner’s friend who tried to intervene), that would greatly increase the severity (multiple counts, likely felonies for assault/battery on the friend as well).

Aggravating factors essentially increase the likelihood of a felony charge and the harshness of sentencing. They can make what might have been a borderline misdemeanor into a felony, and they can turn a low-end felony into a high-term prison sentence. If none of these aggravators are present (e.g., a first-time incident, no prior record, no injuries, no weapons), then the case stays on the less severe end of the spectrum – often a misdemeanor with probation. But as these factors stack up, so do the consequences.

Can domestic violence convictions be expunged in California?

A domestic violence conviction – whether misdemeanor or felony – can haunt you long after you’ve served your sentence, affecting employment, housing, and reputation. Expungement is a legal process that can help clear your record, and the good news is that most domestic violence convictions can be expunged in California once you’ve successfully completed your sentence. Under Penal Code §1203.4, an expungement allows a conviction to be dismissed after you finish probation (or jail/prison if no probation), essentially updating the record to show the case as dismissed rather than a conviction. This can make it easier to move forward, but there are conditions and limitations.

Generally, to expunge a conviction you must have completed all terms of your sentence, including probation, payment of fines, and any required programs, and not be currently facing any new charges. Crucially, expungement is only available if you did not serve state prison time for the case. Many felony convictions in California involve a state prison sentence, which would typically disqualify expungement. However, with domestic violence charges, there are a couple of factors in your favor.

First, misdemeanor convictions never involve state prison, so misdemeanor domestic violence (PC 243(e)(1)) is usually expungement-eligible as long as you completed probation successfully. Second, some felony domestic violence sentences are served in county jail or the felony was reduced to a misdemeanor – if so, those felony cases can potentially be reduced to misdemeanors and then expunged as well. In fact, PC 273.5 being a wobbler means if you got probation, your attorney can ask the court to reduce the felony to a misdemeanor at the end of the case (per Penal Code §17(b)) and then get it expunged. Bottom line: DV cases can be expunged in many instances, so long as you didn’t go to state prison and you meet the other criteria (complete probation, etc.).

It’s worth noting that some very serious felonies (like those with great bodily injury or ones that sent the defendant to prison) are harder to expunge – if you went to state prison for a domestic violence felony, standard expungement isn’t available. However, California has other avenues like Certificates of Rehabilitation or pardons for those more serious cases, albeit they are much harder to obtain.

To expunge a DV conviction, a petition is filed with the court under PC 1203.4. If granted, the conviction is retroactively dismissed – your record will show the charge was “dismissed in the interests of justice.” This means when you apply for most private sector jobs, you can legally answer that you have not been convicted of that crime, since it’s off the record in most cases. This can greatly improve your employment prospects and social opportunities, as you won’t be compelled to disclose the DV conviction in many situations. However, expungement does not erase the conviction entirely.

The record is not sealed; it’s updated to show dismissal, and the conviction can still be seen by courts, law enforcement, and (importantly) certain state licensing boards or employers of sensitive positions. Also, an expunged conviction can still count as a prior conviction if you face future charges (for example, if you get charged with another domestic violence in the future, the old one – even if expunged – can still be used to enhance penalties as a prior offense).

One major limitation of expungement in DV cases is that it does not restore firearm rights. Even after expungement, the federal lifetime gun ban stemming from a domestic violence conviction still applies. California’s own firearm prohibitions also remain in effect despite expungement. So, if your primary goal in expunging a DV conviction is to get back your right to own a gun, expungement unfortunately will not achieve that. The law explicitly prevents 1203.4 dismissals from reinstating firearm rights in domestic violence cases.

Despite these limitations, an expungement is absolutely worthwhile because it formally releases you from the penalties and disabilities of the conviction (with the exception of the specific exclusions like firearms). It can help with employment – in fact, once expunged, most private employers cannot use that conviction against you in hiring. It can also remove some stigma – your record will no longer mark you as convicted of the offense. Many people find it valuable for peace of mind and moving forward in life.

In summary, misdemeanor domestic violence convictions are generally expungeable after probation, and felony domestic violence convictions can often be expunged if reduced to misdemeanors and if no state prison was served. It’s advisable to consult with an attorney about your specific case to see if you qualify and to navigate the petition process. Expungement won’t solve everything (for example, it won’t undo immigration or gun consequences), but it is a critical step to put a past mistake behind you and show that you’ve been rehabilitated.

Moving forward and getting help

Domestic violence charges in California carry serious consequences, whether as a misdemeanor or a felony. The distinction between the two lies in the presence of injury and results in very different potential outcomes – a misdemeanor might mean county jail and probation, while a felony can mean years in state prison and a felony record.

Understanding these differences is the first step in making informed decisions about your case. Just as important is taking action to protect your rights and build the strongest defense possible. If you or a loved one is facing a domestic battery or domestic violence charge, don’t navigate this legal battle alone. The stakes – jail time, reputation, family relationships, and future opportunities – are too high to leave to chance. Consider seeking legal guidance right away to possibly reduce the charge, fight the allegations, or at least mitigate the penalties.

If you need personalized advice or aggressive representation for a domestic violence case in California, call attorney Robert M. Helfend at 805-273-5611 for legal help.