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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.

A person convicted of a sex crime faces severe and long-lasting consequences, both during probation and afterward. However, obtaining an expungement can provide an opportunity to rebuild one’s life gradually. While it’s important to note that registering under PC 290 is still required, expungement offers various benefits, such as presenting the conviction as a dismissal. It’s crucial to understand that eligibility for expungement may not be widely known, and prosecutors may oppose the motion. Hiring an informed criminal defense attorney who can craft a compelling motion greatly increases the chances of a successful expungement, allowing you to move forward with your life. If you need assistance with your expungement, contact us at Inland Empire Criminal Defense by calling 909-281-0465. We are located in Ontario, and we specialize in helping individuals navigate the expungement process effectively.