May 16, 2017 By Stephen Klarich


Can You Get a Sex Crime Expunged? (PC 1203.4)

A sex crime conviction could follow you around for the rest of your life. If you are in this situation, you may be wondering if there is anything you can do to stop your conviction from having a devastating impact on you. Luckily, there are forms of post-conviction relief you may be able to pursue. One of those forms of relief is expungement.

Benefits of Expungement

criminal record
An expungement may help you clean your criminal record.

There are numerous reasons why you should consider attempting to have your conviction expunged from your record. The biggest benefit is that you will no longer have to disclose your conviction to potential employers. Under California Labor Code 432.7, employers are not allowed to ask you about an arrest that did not lead to a conviction. This could greatly improve your chances to obtain meaningful employment.

It is important that you also understand what an expungement does not do. For those convicted of sex crimes, obtaining an expungement will not release you from your responsibility to register as a sex offender under PC 290. However, having your conviction expunged could help you obtain a Certificate of Rehabilitation, which could end your requirement to register.

You need to know that not every sex crime can be expunged.

Who is Eligible for Expungement? (PC 1203.4)

You are not eligible for expungement if you were found guilty of one of the following crimes:

  • Unlawful sexual intercourse with a minor under 16 committed by a person over 21 – PC 261.5(d)
  • Sodomy with a minor – PC 286(c)
  • Lewd and lascivious acts with a minor – PC 288
  • Oral copulation with a minor – PC 288a(c)
  • Continuous sexual abuse of a child – PC 288.5
  • Forcible sexual penetration with a minor under 14 – PC 289(j)
  • Child pornography – PC 311

You may be eligible to apply for an expungement if you were convicted of a sex crime and you:

  • Did not serve a state prison sentence
  • Have fulfilled all of the terms of your sentencing, including paying off all fines and completing probation
  • Have completed probation or parole
  • Have not committed any crimes or are currently facing any criminal charges since being convicted of the crime you are seeking expungement for

So, you may be eligible to expunge a sex crime from your criminal record as long as you meet the eligibility requirements. This process is extremely complicated, so you should speak to a skilled criminal defense attorney who can help you determine if you’re eligible to seek an expungement.

Contact the Expungement Attorneys at Wallin & Klarich Today

Do you want find out if you are eligible to apply for an expungement? You should speak to an experienced post-conviction attorney right away. At Wallin & Klarich, our skilled criminal defense attorneys have over 35 years of experience helping our clients through the complicated process of obtaining an expungement. We’ve helped thousands of clients in their time of legal need, and we can help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find a dedicated Wallin & Klarich expungement attorney near you no matter your location.

Call us at (877) 466-5245 for a free phone consultation. We will be there when you call.

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