PC 242 misdemeanor
Clearing a battery conviction
Simple battery is one of the more clearable things on this list. The complications come from which subsection you were actually convicted under.
What makes this charge different
- Simple battery requires no injury at all — any unlawful touching qualifies — so many of these convictions involve far less than the word suggests
- The aggravated subsections of section 243 are wobblers and are treated very differently
- Battery against a spouse or partner is a domestic violence conviction with federal firearm consequences, even as a misdemeanour
What this charge is
Penal Code 242 defines battery as any wilful and unlawful use of force or violence on another person. It needs no injury — a shove counts. Section 243 then sets out the punishments and the aggravated versions: battery on a peace officer, battery causing serious bodily injury, battery on a spouse or partner.
Felony or misdemeanour?
Simple battery is a misdemeanour. Several of the section 243 variants are wobblers and can be felonies, which changes both the relief and the stakes.
Which relief applies
A simple battery with completed probation goes under Penal Code 1203.4. Where no probation was granted, 1203.4a. Both are straightforward and among the fastest petitions we file.
The thing to watch out for
Which subsection. A battery on a spouse or cohabitant under section 243(e) is a domestic violence conviction for federal purposes, which brings the lifetime firearm prohibition with it regardless of the dismissal. A battery causing serious bodily injury may be a felony that needs reducing first. The records review establishes which one you actually have, and people frequently do not know.
The law that applies
- Expungement (PC 1203.4) — The court lets you withdraw your plea or sets aside the verdict, then dismisses the case, which releases you from most of the penalties of the conviction.
- Dismissal without probation (PC 1203.4a) — It gives the same dismissal as section 1203.4, for misdemeanour and infraction convictions where the court never granted probation.
Our flat fee for a case like this is $599, all in, with the court filing fee included. What that covers.
Common questions
Nobody was hurt. Does that help?
It does not change eligibility — simple battery never required injury — but it is exactly the kind of context that matters when the court is exercising discretion.
My battery was against my partner. Is that different?
Yes, significantly. It is treated as a domestic violence conviction, which means a federal lifetime firearm prohibition that a California dismissal does not lift. The dismissal still helps with employment.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.