What is the name of your state (only U.S. law)? CA
In 2/06 I was charged with a Felony charge of 245(a)(1) PC ( Assault with a deadly weapon). It was a domestic violence case. I plead guilty to the crime and was convicted of a Felony. I had been placed on 3 years probation, 52 weeks of Domestic Violence classes, paid fines and restitution fees, and was issued with a restraining order from the victim, my ex girlfriend. I didn't use any kind of weapon whatsoever. I was told by my attorney at the time, that If I plead guilty to that charge, that I would be on probation for 3 years and after one year or completing probation with good behavior, I would be able to drop the charge to a misdemeanor 243(e)(1) PC. Since I believed him I agreed. I then had very good behavior, my ex girlfriend decided she wanted to keep seeing me and her father and her wrote a judge a letter stating that my character was that of a good guy. The restraining order was then modified.
Later on 8/07 my ex and I were broken up and she had pressed charges on me of continued abuse to the police department and my probation officer. Even though before she did that, I had filed a restraining order for her to be away from me. That was what had made her furious and led her to file charges of DV on me again. I was in jail for 72 days and the case was dimissed and I was NOT GUILTY because there was NO evidence and the victim wrote a letter stating that she was forced to press charges on me by her parents simply because they did not like me and I was 19 and shewas 17 at the time. The judge and DA had read the letter and decided to let me go but still stay away from her. In 3/09 I completed my probation. I had my attorney from the last case on 8/07 file for an expungement on behalf of the 245(a)(1) PC Felony charge because I wanted to join the US Air Force. The DA then denied the expungement and said that I had failed to behave well during the 3 years of probation. Stating that because I had been emprisoned for that case on 8/07, that I did not deem to be credible of good behavior and that it would be unwise to expunge anything.
I completed my 52 weeks, payed my fines and fees, stayed away from the victim, and did not commit any other crimes during the 3 year probationary period. I was accused of behaving violently in 8/07 and the case was dismissed. I don't understand why I cannot have my record expunged. I'm in a great relationship now, I have moved on, I want a future for my fiancee and my family and myself. It is very hard to find a good job with this. The reason I wanted an expungement was to join the military or have a good career. I'm 21 years old. I was 18 years old when I committed this crime and I was the one who wen to the police station to report that my ex and I had gotten into a physical altercation. I was young, and naive and ignorrant. I didn't know any better at that time. I was looking for help and instead I am now unable to accomplish my goals and it's affecting my current relationship because we want to both have great careers and I am afraid to go to school and learn a trade if I will get turned down by the employer after I graduate anyway. I need help and advice desperately. I want to make something of myself and provide for my family.
If anybody knows what steps I can take after this, PLEASE do advice me of what other ways to go about this. Thank you very much and I appreciate any of the kind people who took the time to read this and help me out. It means alot to me. Thank you.
In 2/06 I was charged with a Felony charge of 245(a)(1) PC ( Assault with a deadly weapon). It was a domestic violence case. I plead guilty to the crime and was convicted of a Felony. I had been placed on 3 years probation, 52 weeks of Domestic Violence classes, paid fines and restitution fees, and was issued with a restraining order from the victim, my ex girlfriend. I didn't use any kind of weapon whatsoever. I was told by my attorney at the time, that If I plead guilty to that charge, that I would be on probation for 3 years and after one year or completing probation with good behavior, I would be able to drop the charge to a misdemeanor 243(e)(1) PC. Since I believed him I agreed. I then had very good behavior, my ex girlfriend decided she wanted to keep seeing me and her father and her wrote a judge a letter stating that my character was that of a good guy. The restraining order was then modified.
Later on 8/07 my ex and I were broken up and she had pressed charges on me of continued abuse to the police department and my probation officer. Even though before she did that, I had filed a restraining order for her to be away from me. That was what had made her furious and led her to file charges of DV on me again. I was in jail for 72 days and the case was dimissed and I was NOT GUILTY because there was NO evidence and the victim wrote a letter stating that she was forced to press charges on me by her parents simply because they did not like me and I was 19 and shewas 17 at the time. The judge and DA had read the letter and decided to let me go but still stay away from her. In 3/09 I completed my probation. I had my attorney from the last case on 8/07 file for an expungement on behalf of the 245(a)(1) PC Felony charge because I wanted to join the US Air Force. The DA then denied the expungement and said that I had failed to behave well during the 3 years of probation. Stating that because I had been emprisoned for that case on 8/07, that I did not deem to be credible of good behavior and that it would be unwise to expunge anything.
I completed my 52 weeks, payed my fines and fees, stayed away from the victim, and did not commit any other crimes during the 3 year probationary period. I was accused of behaving violently in 8/07 and the case was dismissed. I don't understand why I cannot have my record expunged. I'm in a great relationship now, I have moved on, I want a future for my fiancee and my family and myself. It is very hard to find a good job with this. The reason I wanted an expungement was to join the military or have a good career. I'm 21 years old. I was 18 years old when I committed this crime and I was the one who wen to the police station to report that my ex and I had gotten into a physical altercation. I was young, and naive and ignorrant. I didn't know any better at that time. I was looking for help and instead I am now unable to accomplish my goals and it's affecting my current relationship because we want to both have great careers and I am afraid to go to school and learn a trade if I will get turned down by the employer after I graduate anyway. I need help and advice desperately. I want to make something of myself and provide for my family.
If anybody knows what steps I can take after this, PLEASE do advice me of what other ways to go about this. Thank you very much and I appreciate any of the kind people who took the time to read this and help me out. It means alot to me. Thank you.