PC 273.5 Wobbler
Clearing a domestic violence conviction
This is the charge where the difference between a dismissal and what people hope a dismissal means is largest, and where getting it wrong has the most serious consequences.
What makes this charge different
- Probation terms are long — commonly three years with a 52-week batterer's programme — so the eligibility date is later than people expect
- The federal firearm prohibition for a misdemeanour crime of domestic violence is lifetime and is not lifted by a California dismissal
- It is a wobbler, so a felony conviction may be reducible under Penal Code 17(b), which matters more here than on most charges
- A protective order may still be in force independently of the conviction
What this charge is
Penal Code 273.5 makes it an offence to inflict corporal injury resulting in a traumatic condition on a spouse, cohabitant, former partner or the parent of your child. It is the main California domestic violence statute, charged more often than simple battery in these cases because it does not require serious injury.
Felony or misdemeanour?
It is a wobbler, which means it can be charged either way and a felony conviction may be reducible to a misdemeanour under Penal Code 17(b). On this charge that reduction is often the most valuable thing available.
Which relief applies
After probation is complete, the dismissal goes under Penal Code 1203.4. The practical obstacle is usually timing: these cases carry long probation terms and a 52-week programme, and the petition cannot be filed until all of it is finished. Where someone has completed every condition, early termination under Penal Code 1203.3 is sometimes available and brings the dismissal forward.
The thing to watch out for
Firearm rights. A California dismissal does not restore them, and for a misdemeanour crime of domestic violence federal law imposes a lifetime prohibition that no state court order lifts. Anybody who tells you an expungement will get your guns back after a domestic violence conviction is either mistaken or selling you something. We will not take money on that basis.
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.
- Felony reduced to misdemeanour (PC 17(b)) — For an offence that could have been charged as either a felony or a misdemeanour — a wobbler — the court can declare it a misdemeanour for all purposes.
Our flat fee for a case like this is $599, all in, with the court filing fee included. What that covers.
Common questions
Will a dismissal get my gun rights back?
No. The California statute says a dismissal does not permit firearm possession, and a federal lifetime prohibition attaches separately to a misdemeanour crime of domestic violence. We route every firearms question to an attorney rather than guessing, and on this charge the answer is almost always no.
Can a felony 273.5 be reduced to a misdemeanour?
Possibly, because it is a wobbler. Whether a court will do it depends on the facts and what you have done since. It is worth asking about, because the practical difference between a felony and a misdemeanour on this charge is large.
Does the restraining order go away too?
No. A protective or restraining order is a separate order with its own expiry and its own process. Clearing the conviction does not touch it.
I am still on probation with the 52-week class to finish.
Then the petition cannot be filed yet. Finish the programme, and if you have done everything else the court asked, early termination of probation may be available to bring the dismissal forward.
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.