San Jose, CA asked in Criminal Law and Domestic Violence for California

Q: How likely I'm I to get charged in a domestic assault case if the DA decided not to file. (California)

Its been two months after I've been arrested. My girlfriend got drunk and started a fight with me, but I was arrested for domestic assault. She instantly regretted calling the cops and wish she could talk to the DA, but no one has try to contact her. What's the likelihood the DA charges me later (I know there is a three year limitation).

We plan to move out of state at the end of the year.

-Will the 3 year limitation pause indefinitely? (Don't plan to ever move back here)

-Does the likelihood get lower over the first year?

-Will this arrest stay on my record and can I have it removed?

-Who can see it? (rental property, Employers)

-Is there a way to request the arrest report? I was never given one.

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IF, the DA decided not to file...great.

However, b/c it is not filed by the Arraignment, does not mean it won't be filed later. They have 1 yr to file a misdemeanor and 3 yrs for a felony.

normally, you can't get an arrest expunged as you can a plea etc

b/c a victim does not want to press charges does not affect most DA's as the true victim is the people of the state of California.

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