Legal Question in Disability Law in California

Can 288 PC and 290 PC can be remove from criminal record


Asked on 11/27/10, 12:45 pm

2 Answers from Attorneys

James Sanchez Law Office of James V. Sanchez

Criminal convictions are not so much removed but are dismissed from a person's record. Under Penal Code 1203.4, most convictions can be dismissed, removing them from most views after completion of probation or the requirements after conviction.

Due to the particular natures of CA Penal Code 288 and 290, and the victims involved, 288 is expressly not allowed under 1203.4 and I highly doubt that the court would entertain a dismissal of a 290 charge or its subdivisions.

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Answered on 12/02/10, 2:49 pm
Terry A. Nelson Nelson & Lawless

No conviction can ever be 'removed'. Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes [like your PC288], if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' 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' 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 and employment because of your conviction.

Among others, the following are convictions NOT eligible for expungement.

PC 286(c)

PC288

PC288a(c) e

PC288.5

PC289(j)

PC261.5(d)

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Answered on 12/02/10, 3:22 pm


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