How to Expunge a PC 273.5 Conviction in Ventura County
TLDR: A conviction under California Penal Code section 273.5 (corporal injury to a spouse or cohabitant) can carry lasting consequences, but California law allows certain qualifying defendants to petition for relief under Penal Code section 1203.4. This article explains, in general terms, how the post-conviction relief process commonly known as ‘expungement’ works for a PC 273.5 conviction in Ventura County, and what petitioners should consider before filing.
Understanding PC 273.5 and Post-Conviction Relief
California Penal Code § 273.5 prohibits willfully inflicting corporal injury resulting in a traumatic condition upon an intimate partner. It is a ‘wobbler’ offense, meaning it can be charged as either a felony or misdemeanor. While California does not offer true ‘expungement’ that erases a record, Penal Code § 1203.4 allows eligible defendants who successfully completed probation to petition the court to withdraw their plea or set aside the verdict and have the case dismissed.
General Eligibility Considerations
Eligibility for relief under PC 1203.4 generally depends on factors including the successful completion of probation, the absence of pending criminal charges, and that the petitioner is not currently serving a sentence for another offense. Convictions resulting in state prison sentences are typically handled under different statutes (such as PC 1203.42, or a Penal Code § 17(b) reduction followed by 1203.4 relief, where applicable). Because PC 273.5 is a wobbler, a felony conviction may sometimes first be reduced to a misdemeanor under Penal Code section 17(b) before a petition for dismissal is filed.
The Filing Process in Ventura County
A petition for dismissal is filed in the Ventura County Superior Court in the same court where the conviction occurred. The petitioner generally must complete the appropriate Judicial Council form (commonly CR-180), provide notice to the prosecuting agency, and may be required to pay a filing fee or request a fee waiver. The District Attorney has an opportunity to respond, and the court may set a hearing. Timelines for processing vary, and petitioners should consult the Ventura County Superior Court for current local procedures.
What Relief Under PC 1203.4 Does and Does Not Do
If granted, relief under Penal Code § 1203.4 releases the petitioner from many penalties and disabilities resulting from the conviction. However, this relief has important limitations:
- The conviction can still be used as a prior in future criminal cases.
- It may still appear on certain background checks.
- It can affect firearm rights.
- It must still be disclosed when applying for public office, certain professional licenses, or contracting with the California State Lottery.
PC 273.5 convictions also carry firearm prohibitions under both state law (see Penal Code § 29805) and federal law that are generally not lifted by a 1203.4 dismissal.
Tips for Strengthening Your Petition
Consider these practical tips before filing:
- Document compliance: Gather proof that probation terms, fines, restitution, and counseling requirements were fully satisfied.
- Address the felony first: If the conviction was a felony, consider seeking a PC 17(b) reduction to misdemeanor before filing the 1203.4 petition.
- Explain rehabilitation: Include evidence of stable employment, community involvement, and treatment program completion.
- Resolve outstanding issues: Make sure no new criminal matters are pending and that you are not on probation in another case.
Pre-Filing Checklist
- Obtain a current copy of your California criminal record (RAP sheet).
- Confirm probation has been completed or qualifies for early termination.
- Verify all fines, fees, and restitution have been paid in full.
- Confirm no new criminal charges are pending.
- Determine whether a PC 17(b) felony-to-misdemeanor reduction is appropriate.
- Complete Judicial Council Form CR-180 (Petition for Dismissal).
- Prepare proof of service for the District Attorney’s office.
- Prepare a fee waiver request if needed.
- Consider consulting a qualified California criminal defense attorney.
Frequently Asked Questions
Does a PC 1203.4 dismissal completely erase my PC 273.5 conviction?
No. California does not offer true expungement. A 1203.4 dismissal releases you from many penalties and disabilities, but the conviction can still be used as a prior, may appear on some background checks, and must be disclosed in certain contexts such as public office or professional licensing applications.
Will dismissal under PC 1203.4 restore my firearm rights?
Generally no. PC 273.5 convictions trigger firearm prohibitions under California Penal Code § 29805 and federal law (the Lautenberg Amendment). A 1203.4 dismissal typically does not restore firearm rights for domestic violence convictions.
Can a felony PC 273.5 conviction be reduced to a misdemeanor?
Possibly. Because PC 273.5 is a wobbler, a felony conviction with a probationary sentence may be eligible for reduction to a misdemeanor under Penal Code § 17(b). Many petitioners pursue a 17(b) reduction before or together with a 1203.4 petition.
Where do I file my petition in Ventura County?
You file in the Ventura County Superior Court branch where the conviction occurred. The petition (typically Judicial Council Form CR-180) must be served on the prosecuting agency, and the court may schedule a hearing before ruling.
How long does the process take?
Timelines vary by court calendar and case complexity. Many petitions are decided within a few months, but contested matters or those requiring a 17(b) reduction first may take longer.
Get Help With Your Petition
Consulting with a qualified California criminal defense attorney familiar with Ventura County practice can help identify the strongest path to relief. Contact our office to discuss your specific circumstances.
Sources
- California Penal Code § 273.5
- California Penal Code § 1203.4
- California Penal Code § 17
- California Penal Code § 29805
This article is provided for general informational purposes only and does not constitute legal advice. California laws, court rules, and Ventura County local procedures change, and outcomes depend on the specific facts of each case. Reading this article does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed California attorney.