Los Gatos, CA Criminal Defense Law Firms & Lawyers

Some CA convictions, like your DUI, can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, etc. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense.

You husband has every right to contact the District Attorney's Office Victim Witness Advocate. He can express to them his position on the matter and request that it be made part of their file. Additionally, your husband has the right to be concerned about his 5th Amendment privilege against self-incrimination, as there may exist the possibility of a cross complaint from you (given your statement that "we were fighting"). Domestic Violence cases are serious and very rarely dismissed on the first court date. The cost of retaining a reputable defense counsel will vary depending upon the individual case. I suggest you contact an attorney for legal advise.