Legal Question in Criminal Law in California

Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Your reference to Penal Code section 288a is confusing. It is not clear whether your are referring to subdivision (a) of Penal Code section 288, which cannot be expunged pursuant to Penal Code section 1203.4, or Penal Code section 288a for which a conviction under subdivision (c) cannot be expunged. Note that Penal Code section 288 and 288a are two separate statutes.

The distinction is important, because some convictions are not eligible for dismissal

If you were convicted of any of the following offenses you are not eligible for a dismissal under Penal code section 1203.4(a):

Any misdemeanor within the provisions of Vehicle Code section 42001(b).

Any violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j).

A felony under Penal Code section 261.5(d).

Any infraction.