What is an Expungement?

An Expungement, also known as PC 1203.4, provides a means for individuals convicted of a crime, but not sentenced to State Prison, to petition the court for the dismissal of their case. Rather than showing a conviction, the record reflects the dismissal under “Dismissed Pursuant to PC 1203.4.” While expungements do not completely erase the record, they can significantly improve job prospects, school admissions, and future career opportunities, offering a fresh start.

Can a PC 288(a) conviction be expunged?

Obtaining probation instead of the common felony sentencing range of 3, 6, or 8 years in State Prison may sometimes be possible for PC 288(a) convictions. However, expungement is not available for individuals convicted of PC 288(a). According to PC 1203.4, this provision does not apply to certain misdemeanors, violations of specific sections, or felony convictions related to particular subdivisions. Unfortunately, a straight conviction of PC 288(a) cannot be expunged from the record. However, there may be alternative remedies for this type of conviction.

Can I expunge an Attempted PC 288(a)?

An attempted Lewd Act, commonly known as PC 664/288(a), refers to when a person takes a substantial step towards committing the offense but does not successfully complete the act due to various reasons. Prior to 2006, it was unclear whether expungement rules that applied to completed acts under PC 288(a) also encompassed attempted crimes under the same section.

In the 2006 case of People v. Lewis, and later reaffirmed in 2014 in People v. Marinelli, it was established that the exclusions outlined in PC 1203.4(b) do not extend to attempted crimes but only apply to fully committed violations of the section. This implies that if you are convicted of an attempted Lewd Act under PC 664/288(a) and were sentenced to probation successfully completed it, you are eligible for expungement on your criminal record.

However, it is important to note that this does not exempt you from your obligation to register as a Sex Offender under PC 290. Registering as a Sex Offender is mandatory for any sex charge, regardless of the specific section. Nevertheless, in many cases, individuals seeking to terminate their obligation to register may need to obtain a successful PC 1203.4 expungement before applying for a Certificate of Rehabilitation. This achievement can aid those who no longer wish to be listed as a Sex Offender.

Please note that this information is for informational purposes only and may not constitute legal advice.

Conviction for a sex crime carries long-term consequences that extend well beyond the period of probation or incarceration. It can impact every aspect of a person’s life, including employment, housing, and personal relationships. However, obtaining an expungement is a legal remedy that might provide a path to gradually rebuilding your life, even with the enduring requirement to register as a sex offender under PC 290.

An expungement under California law allows for certain convictions to be dismissed from one’s record, changing the plea or verdict back to not guilty and setting aside the conviction. While it doesn’t erase the conviction entirely or remove the requirement for sex offender registration, it can significantly impact how a conviction is perceived by potential employers or other entities performing background checks, presenting it as a dismissed case rather than a conviction.

However, navigating the expungement process for sex crimes can be complex and challenging. Eligibility for expungement may vary, and not all individuals or offenses may qualify. Additionally, prosecutors may oppose the motion, requiring a well-prepared and compelling argument to be made in court. That’s where the expertise of a knowledgeable criminal defense attorney becomes invaluable.

At Inland Empire Criminal Defense, we specialize in helping individuals understand their eligibility for expungement and crafting strong motions to maximize the chances of a successful outcome. We believe in the power of second chances and are committed to providing detailed, compassionate legal support to navigate this complex process.

If you or a loved one has been convicted of a sex crime and are seeking to explore the possibility of expungement, we are here to help. Contact Inland Empire Criminal Defense at 909-939-7126. Located in Ontario, we offer the expertise and dedication necessary to guide you through the expungement process and work towards a more hopeful future.