Legal Question in Criminal Law in California

is California PC 288 a versus 288 a (c) expungeable?


Asked on 8/30/09, 7:41 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The exact subsection under which you were convicted makes all the difference in the world. Look up the exact code you were convicted of. You can find the crimes here:

www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=67623228083+7+0+0&WAISaction=retrieve

If the section you were convicted of says the punishment is either state prison OR in time in the county jail, it's what's known as a "wobbler" and can be reduced and expunged. This will not relieve you of the duty to register under 290 if that was required.

If it is listed with punishment as time in the state prison only (nothing about county jail), then it's a straight felony and cannot be expunged under 1203.4. You'd need a certificate of rehabilitation and pardon from the Governor to have any significant impact on your record - and the odds of that happening are extremely slim. I think in the past ten years or so, only about 3 pardons have been granted.

To discuss your options and get a precise answer, you should discuss this face to face with a criminal defense attorney in your area.

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Answered on 8/30/09, 7:47 pm
Terry A. Nelson Nelson & Lawless

PC288, 288a(c), and 288.5 are not expungeable. If you do qualify for expungement, feel free to contact me for legal help in doing so.

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Answered on 8/31/09, 2:14 pm


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