blog home Domestic Abuse Can You Clear a Record Tied to Domestic Violence? Understanding the Justice for Survivors Act

Can You Clear a Record Tied to Domestic Violence? Understanding the Justice for Survivors Act

By San Diego Attorney on June 9, 2025

In California, a criminal record tied to a domestic violence conviction can follow you for years, limiting housing options, employment opportunities, and personal freedoms. But what about domestic violence charges for acts that were committed by a victim against an abuser?

Under California’s Justice for Survivors Act, survivors of abuse may now be eligible to vacate a domestic violence charge, offering hope for those whose criminal records are rooted in complex and often traumatic circumstances.

What Is the Justice for Survivors Act?

Signed into law in 2021, the Justice for Survivors Act (SB 914) builds on earlier legislation to expand relief for individuals whose crimes were directly connected to their experience as victims of intimate partner violence, sexual violence, or human trafficking.

Previously, survivors could seek post-conviction relief only for non-violent crimes. However, the Justice for Survivors Act now allows courts to vacate convictions, including those for domestic violence, in cases where a clear link to trauma or abuse can be demonstrated.

This expansion is particularly important in situations where an individual acted under duress, coercion, or out of self-defense during abusive relationships.

What Does It Mean to Vacate a Conviction?

To vacate a domestic violence charge means the court essentially nullifies the conviction as if it never happened. This is different from a traditional expungement, where the conviction still exists on record, but it is dismissed in the interest of rehabilitation.

Vacating a conviction under the Justice for Survivors Act is a much stronger form of relief than expungement. It removes the stigma and penalties associated with a conviction, giving survivors a true chance at starting over.

Vacating a conviction requires a legal petition and a thorough demonstration of how the abuse influenced the conduct that led to the charge. This is where the guidance of a skilled San Diego criminal defense attorney becomes essential.

Who Qualifies Under the Justice for Survivors Act?

A petitioner can be eligible for relief under the Justice for Survivors Act in California if they can show that:

• They were a victim of intimate partner violence, sexual abuse, or human trafficking at the time of the offense.
• The abuse was a contributing factor to the behavior that resulted in the conviction.
• They are not a threat to public safety and have shown signs of rehabilitation.

These qualifications require more than just a personal declaration. Documentation, psychological evaluations, expert testimony, and sometimes historical records are necessary to build a persuasive case.

A Path to Justice for Those Who Have Been Silenced

The Justice for Survivors Act is not about erasing history. It is about correcting injustice. It may apply to petitioners who:

• Defended themselves in abusive situations and were charged in the process.
• Were coerced into criminal behavior through threats of violence or manipulation.
• Faced prosecution without having their abuse recognized or introduced into evidence.

The Legal Process for Seeking Relief

The process to clear a DV record in California under this act involves several steps:

1. 1. Petition filing: A written motion must be filed in the court where the conviction occurred. This includes supporting documentation such as medical records, psychological evaluations, police reports, or affidavits from professionals familiar with the abuse.
   2. Judicial review: A judge will evaluate whether the abuse was a contributing factor to the criminal conduct and determine if the petitioner meets all legal requirements.
   3. Hearing (if needed): In some cases, a court hearing will be scheduled to allow for testimony and cross-examination.
   4. Court ruling: If successful, the conviction will be vacated. This means it is as though the conviction never occurred.

Because these cases are deeply personal and legally complex, working with a seasoned San Diego domestic abuse defense lawyer is essential.

At jD Law Criminal Defense Attorneys, we provide thorough case preparation, skilled motion writing, and compassionate client support throughout the process.

Why Vacating a DV Charge Matters

For many clients, this is more than just a case. It is a chapter of their life they have long wished to close.

The ability to vacate a domestic violence charge goes beyond legal relief. It can restore dignity, open doors, and provide survivors with the closure they have long deserved. From finding stable housing to gaining meaningful employment or regaining custody of children, the benefits are both legal and personal.

As a San Diego criminal expungement firm that has defended thousands of clients, jD Law Criminal Defense Attorneys understands that every story has context. We also believe that healing and justice go hand in hand.

Hearing Your Whole Story

If your criminal record is tied to an experience of abuse, coercion, or survival, the California Justice for Survivors Act may be the fresh start you deserve. Our firm is prepared to walk you through every legal hurdle and help present your full story to the court.

Attorney James N. Dicks is uniquely equipped to handle these cases. His background as a former LAPD investigator and his standing as a Certified Criminal Law Specialist give him insight into the deep complexities of the criminal justice process.

We will not treat you as just a case number. We listen, we prepare, and we fight for you and for the second chance the law now recognizes you deserve.

Speak with a Knowledgeable San Diego Expungement Lawyer Today

At jD Law Criminal Defense Attorneys, we are committed to helping you rewrite your legal future through the tools now available under California law.

We will be more than happy to help you explore your eligibility under the Justice for Survivors Act and guide you through the legal process as you take these important steps to reclaim your life.

Contact us at (760) 630-2000 to schedule a confidential today.