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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110467
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hi, Last night my son told his psychiatrist that his wife

Resolved Question:

Hi, Last night my son told his psychiatrist that his wife threatened his life.
Apparently in California, the Dr is required to report this to the police. The police arrested his wife and they charged her with felony arrest . Is it possible to expunge this from her record? How will this affect her future?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
If this was charged as a domestic violence charge, no your son cannot just get it dismissed. On a domestic violence charge the state is the victim, so your son cannot just walk into the DA and say he will not prosecute and actually the DA does not even need him to prosecute and can use any other evidence they have in the case. However, your son can work with her attorney and together engage in counseling and use that to convince the court to dismiss the charges. Only if the charges are dismissed can the be expunged. Absent a dismissal, CA does not expunge cases so it would be on her record permanently. If the charges are not dismissed and she is found guilty or pleads guilty, the charge remains on her record forever and because it is a domestic charge she could not own a firearm license and could suffer many other disabilities including employers refusing to hire her or denials of professional licenses.

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