Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Violating a restraining order is a criminal offense that generally stays on a person’s record unless the conviction is expunged or sealed.
Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order.
A violation of this statute can be charged as either a misdemeanor or a felony, depending on the facts of the case. A guilty conviction of either charge, though, goes directly on the defendant’s record.
Note that a RO is a court order that is designed to protect a person from
by the person named in the order.
Also note that a person may be able to expunge a conviction for violating a restraining order. Penal Code 1203.4 PC is California’s law on “expungement” of criminal convictions. An expungement (also known as a “dismissal“) releases an individual from the negative consequences of a conviction for most purposes.
One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.
It is a crime in California for a person to violate a restraining order, per Penal Code 273.6. As a result, a violation stays on a defendant’s criminal record. Note that the underlying restraining order itself may be part of the public record.
Generally speaking, a RO is a court order that is designed to protect a person from
by the person named in the order. The exact order will dictate exactly what type of behavior is or is not prohibited but will likely include provisions that the restrained party refrain from any type of contact with the protected individual.
“Contact” generally includes:
There are essentially four types of California restraining orders that the courts will issue. These are:
If a person that is the “restrained” person named in a RO does not adhere to its terms and conditions, then prosecutors may charge him with violating a protective order under Penal Code 273.6 PC.
A prosecutor must prove three things in order to successfully convict someone of violating a RO. These are:
A violation of PC 273.6 is typically charged as a misdemeanor. The offense is punishable by:
In some cases, a violation of a restraining order can lead to felony charges. A felony charge is punishable by:
Penal Code 1203.4 PC is California’s law on “expungement” of criminal convictions. An expungement (also known as a “dismissal“) releases an individual from the negative consequences of a conviction for most purposes.
One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.
As it is, California’s ban the box law in Assembly Bill 1008, bars employers from asking about a job applicant’s criminal record until there is a conditional offer of employment. But once a conviction has been expunged, it does not have to be disclosed to an employer even after the employer makes a conditional offer of employment.
As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or felony offense provided the applicant:
The person applying for PC 1203.4 relief must have successfully completed probation in its entirety (or obtained an early termination of probation).
There are certain criminal offenses in California that cannot be expunged. These include serious sex offenses committed against children, such as
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.