I
What is an Expungement?

An Expungement can be found under PC 1203.4. An expunged allows a person convicted of a crime, who is not sentenced to State Prison, to be able to go back into Court, and Petition for a Judge to now dismiss your case. Then, on your record, your conviction will now show as “Dismissed Pursuant to PC 1203.4” instead of showing a conviction. This is not an ultimate eraser and does still appear on your record. However, if eligible, getting an expungement greatly can help you with job prospects, school admissions, as well as future career opportunities that are not otherwise available to you.

II
Are you able to expunge a PC 288(a) conviction?

A person’s conviction of a PC 288(a) can sometimes be granted Probation, as opposed to the standard felony sentencing range of 3, 6, or 8 years in a State Prison. However, if you are convicted of a PC 288(a), you are not eligible for an Expungement.

Under PC 1203.4: (b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

 

Therefore, a straight conviction of a PC 288(a), is something that can never be expunged from your record. There are other potential remedies for you, but you cannot Expunge a PC 288(a) conviction.

III
Can I expunge an Attempted PC 288(a)?

An attempted Lewd Act is found under PC 664/288(a). An attempted crime is when a person makes a substantial step towards the commission of the criminal offense but does not successfully complete the act for various reasons. Prior to 2006, it was unknown if the same exclusion of Expungement that applied to completed acts under PC 288(a) also applied to Attempted crimes under that same section.

In a 2006 case, People v. Lewis, and later reaffirmed in 2014 in People v. Marinelli, it was determined that the exclusions found under PC 1203.4(b), do not apply to attempted crimes, only to completed violations of the section. What this means, is that if you are convicted of an attempted Lewd Act under PC 664/288(a), then you are eligible for Expungement on your criminal case.

Note, this only works if you were sentenced to Probation and successfully completed Probation. If you are sentenced to State Prison for an Attempted Lewd Act, then by virtue of a State Prison sentence, you would be ineligible for relief.

IV
Does this relieve my ability to register as a Sex Offender?

Sadly, no. Getting any sex charge, whether under this section or any others, will not change your requirement to register as a Sex Offender under PC 290. However, in many cases, a person attempting to stop registering under a Certificate of Rehabilitation would typically require a successful granting of a PC 1203.4 Expungement, prior to applying for the Certificate. That can then assist people who are no longer wanting to register as a Sex Offender.

 

V
Conclusion

A person convicted of a Sex Crime faces steep punishments that follow them throughout Probation and after in their lives. Obtaining an Expungement helps to allow people in that position to start putting their lives back together, piece by piece. Although it does not end your requirements to Register under PC 290, and it is still on your record, it helps in many ways and makes your conviction now show up as a dismissal. It is important to know that you apply for this section as it is not readily known, and many Prosecutors will oppose this motion, thinking you are not eligible. That is why having an informed Criminal Defense Attorney who can write the appropriate motion can lead to a successful granting of this motion to help you rebuild your life.

We can help you through your expungement at Inland Empire Criminal Defense, give us a call at 909-939-7126. Located in Ontario.