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I am sorry you are in this situation.

First, all are misdemeanors, which is very good, and your lawyer has done you well in getting the felony reduced to a misdemeanor. This is very important.

I would ask the Prosecutor to agree to a suspended sentence on the jail time or give you time served if you were in jail at all. If not, then ask to serve the jail time on the weekends so that you can meet with your doctor. It will take longer, but you would be able to continue your treatment uninterrupted.

California Penal Code 1203.4 allows for those convicted of most misdemeanors and felonies to have their case reopened, the finding of guilt withdrawn and the case dismissed (expunged). Once expunged, the conviction comes off of their record and they can truthfully say they were never convicted.

You could also ask for 'adjudication to be withheld' so that you won't have a conviction on your record. Also, ask if there is a pre-trial diversion program that you can complete and then have the charges dismissed. The weapons use may have kicked out of being in the diversion program, but I would ask.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

1. House arrest is not common for misdemeanor charges, but it is possible. House arrest is a monitored service and it will depend on whether the local misdemeanor probation office is set up for monitoring. You will have to pay the monitoring services if it is available.

2. It is a violent offense, but it is a misdemeanor charge at this point. You probably will not be eligible for gain time (2/3 time).

3. An expunged record will not show on a normal background check, but your arrest will show and if you are applying for certain jobs that require a security check or applying for various licenses, such a law, medical, or any other professional license, you must disclose the charges even thought they have been expunged.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

You stated that it was an assault with a "deadly weapon". That is usually considered a violent charge. That term is probably from the original felony charge. You will want to make sure it was not just dropped to a misdemeanor assault with a weapon. IF that is the case, then yes, you should qualify for 2/3 time.

I hope this is the case for you!

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

I apologize fro missing the second question.

Concealing or expunging an arrest record is almost impossible now with the internet and all the access to public information. All anyone has to do is google your name and the jail records may show up. We live in an age of open information, that is good most of the time, but it can cause problems with issues such as this.

If an employment application asks about arrest, you can refuse to answer and declare it as an inappropriate question. They should ask about convictions of crimes, but some older forms will ask about arrests. This is generally improper unless the job calls for a security clearance, or involves access to sensitive or secure information, such a bank teller job.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

I have opted out so another expert can assist you.

Good luck with your situation.

I am sorry, I thought you did not want my assistance any longer. Of course, I am happy to help you.

The misdemeanor domestic violence charge would not be considered a violent offense in most cases. It should qualify you for gain time.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

I am sorry, first of all, under CA law there is no real expungement to be granted in any case unless you have been found not guilty or the case was dismissed There is a process for you to apply to have a conviction set aside in some cases (as your previous expert stated correctly), but the charges you described above are indeed considered violent offenses under CA law, especially the assault.

To answer your specific questions above:

1) If this is a first offense, there is a good chance of probation and no jail time as long as you are actively engaged in counseling and treatment.

2) Misdemeanor assault IS a violent offense and the 1/2 time is not likely IF they put you in jail, which as a first offender (if you are a first offender) is not likely that you will see jail. You will likely see 18-24 months of probation with a 1 year suspended sentence (common sentence for these charges especially with someone who has a mental health history).

3) As explained above, once you clear your probation, you would have to apply to the court to have the convictions set aside before you could get an expungement and this is not an easy process. If you do get this done, then you do not have to report the charges as a conviction AND they are not supposed to be reported by background checks as convictions.

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If the conviction is set aside and expunged it will not show on your record and is only able to be seen by certain state agencies and law enforcement agencies. The entire record would be expunged, including the arrest.

House arrest is rarely granted and while it may be possible if you need ongoing treatment, but that is something your attorney is going to have to negotiate for you.