Clear Your PC 273.5 Record in Ventura: A Complete Guide
TLDR: If you have a Penal Code 273.5 conviction (corporal injury to a spouse or cohabitant) on your record in Ventura County, California law may allow you to seek post-conviction relief such as a petition for dismissal under Penal Code section 1203.4 or related statutes. This guide explains the general framework, eligibility considerations, and the process for petitioning the Ventura County Superior Court.
Understanding a PC 273.5 Conviction
California Penal Code section 273.5 makes it a crime to willfully inflict corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, fiance(e), dating partner, or the parent of one’s child. It is a “wobbler,” meaning prosecutors may charge it as a felony or a misdemeanor depending on the facts and the defendant’s history. Because it is a domestic violence offense, a conviction can carry lasting consequences, including effects on firearm rights, immigration status, and employment background checks.
What “Clearing” Your Record Actually Means in California
California generally does not offer true “erasure” of adult convictions, but several forms of post-conviction relief may be available. The most commonly used tool is a petition for dismissal under Penal Code section 1203.4 (often referred to as “expungement,” though that term is not technically accurate). For certain offenses, automatic relief may also be available under recent legislation. Other options include reducing a felony wobbler to a misdemeanor under Penal Code section 17(b), and applying for a Certificate of Rehabilitation or a Governor’s Pardon. Each has different eligibility rules and different practical effects.
General Eligibility Considerations
Eligibility for relief under Penal Code section 1203.4 generally depends on whether you successfully completed probation, paid all fines and restitution, are not currently charged with or serving a sentence for another offense, and have complied with the terms of your sentence. If probation was violated, the court has discretion to grant or deny relief in the interests of justice. Domestic violence convictions can carry additional restrictions, and some collateral consequences such as the federal firearms prohibition associated with domestic violence convictions may persist even after a state-level dismissal.
The Petition Process in Ventura County
Petitions to dismiss a conviction are filed in the superior court where the case was originally prosecuted. For Ventura County cases, this is the Ventura County Superior Court. The process typically involves several steps, and the District Attorney may oppose the petition.
Petition Checklist
- Obtain your criminal record and case information from the court or DOJ;
- Confirm probation has ended and all fines/restitution are paid;
- Prepare Judicial Council Form CR-180 and a supporting declaration;
- File the petition with the Ventura County Superior Court and serve the prosecuting agency;
- Attend the hearing (or have your attorney appear) if the court sets one;
- Obtain a certified copy of the court’s order and update background check records.
Reducing a Felony 273.5 to a Misdemeanor
If your PC 273.5 was charged and sentenced as a felony and you were granted probation (rather than a state prison sentence), you may be able to petition under Penal Code section 17(b) to reduce the offense to a misdemeanor before or at the same time as filing for dismissal. A successful reduction can restore certain civil rights and may improve outcomes on background checks, although firearm restrictions tied to domestic violence convictions remain a separate concern.
Effects and Limits of Relief
A dismissal under Penal Code section 1203.4 releases you from many, but not all, penalties and disabilities arising from the conviction. The conviction can still be used as a prior in future criminal cases, may still be considered by licensing agencies, and must still be disclosed in certain contexts such as applications for public office or state licensure. Federal law and California law treat firearm rights differently after a domestic violence conviction, and a state-level dismissal does not necessarily restore the right to possess firearms. Immigration consequences for non-citizens are also generally not eliminated by a 1203.4 dismissal.
Tips Before You File
- Gather records early: Request your RAP sheet and the docket from your original case so you can confirm dates and conditions.
- Confirm restitution is paid: Outstanding victim restitution is a common reason petitions are denied.
- Consider a 17(b) reduction first: If your case is a felony wobbler, reduction to a misdemeanor strengthens your position.
- Address collateral issues separately: Firearm and immigration concerns usually require additional remedies beyond a 1203.4 dismissal.
- Be candid about rehabilitation: A short declaration about employment, treatment, and community ties can help the judge exercise discretion in your favor.
Working With a Ventura Attorney
Because PC 273.5 cases involve overlapping state, federal, and collateral issues, working with an attorney familiar with Ventura County practice can help you identify the strongest combination of remedies (reduction, dismissal, Certificate of Rehabilitation, or pardon) and present a compelling petition. An attorney may also be able to appear on your behalf so you may not need to attend court personally in many situations.
Ready to discuss your options? Contact our team today to schedule a confidential consultation about clearing your record.
Frequently Asked Questions
Can a PC 273.5 conviction really be expunged in California?
California does not technically expunge adult convictions, but a successful petition under Penal Code section 1203.4 results in dismissal of the case and withdrawal of the plea or verdict, which removes many penalties associated with the conviction.
Will a 1203.4 dismissal restore my right to own a firearm?
Generally no. A domestic violence conviction triggers a federal firearms prohibition that is not lifted by a state-level dismissal. A Certificate of Rehabilitation or Governor’s Pardon may be required, and you should consult an attorney about your specific situation.
How long after my case can I file the petition?
You can typically file once probation has ended successfully and all fines and restitution have been paid. In some cases, early termination of probation may be requested first to accelerate eligibility.
Do I have to appear in court for the hearing?
In many cases, an attorney can appear on your behalf so you do not need to be present. Whether a personal appearance is required depends on the judge and the circumstances of your case.
Will employers still see the conviction after dismissal?
Most private employers in California are limited in how they may consider a dismissed conviction, but certain government, licensing, and law enforcement positions may still review the underlying record. Disclosure rules vary, so review your obligations carefully before applying.
Sources
- California Penal Code section 273.5
- California Penal Code section 1203.4
- California Penal Code section 17(b)
- Ventura County Superior Court
- Judicial Council Form CR-180
Disclaimer: This article is for general informational purposes only and does not constitute legal advice under California law. Laws change frequently and outcomes depend on the specific facts of each case. Reading this article does not create an attorney-client relationship. For advice about your situation, consult a licensed California attorney.