Legal Question in Criminal Law in California

expungement of PC 288(a)

Can a felony conviction of PC 288(a) be reduced to a misdemeanor? (No state prison - county jail, probation and fine only and all completed). Is there any way to expunge this conviction?


Asked on 7/24/08, 3:49 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: expungement of PC 288(a)

It may be reduced to a misdemeanor and then expunged. Contact me directly.

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Answered on 7/24/08, 1:15 pm
Terry A. Nelson Nelson & Lawless

Re: expungement of PC 288(a)

Not if it is 288a subsection (c) which is a typical charge. That is specifically barred from expungement, along with most sex crimes. The law states:

...[expungement] does not apply to any

misdemeanor that is within the provisions of subdivision (b) of

Section 42001 of the Vehicle Code, to any violation of subdivision

(c) of Section 286, Section 288, subdivision (c) of Section 288a,

Section 288.5, or subdivision (j) of Section 289, any felony

conviction pursuant to subdivision (d) of Section 261.5, or to any

infraction.

If expungement is barred for your charge, then only a governor's pardon would have the effect you seek. Good luck with that; it's expensive and highly unlikely to succeed unless you had dramatic reasons to convince the governor to do so in the interests of justice.

If you still think you qualify for expungement, feel free to contact me for the help you'll need. I do them regularly.

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Answered on 7/24/08, 4:44 pm


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