A conviction for a sex crime can negatively affect you for a lifetime. Convictions can result in jail time, fines, and registry as a sex offender. But can a sex crimes conviction be removed from a record in California?
As a rule, you cannot expunge felony sex crimes. Even with a misdemeanor sex crime, the removal process can prove very complicated.
However, there have been cases where a misdemeanor charge, like lewd or lascivious behavior or sexual misconduct has been expunged. The ability to get your records cleared depends on the circumstances surrounding the case, as well as the talents of your defense attorney.
When Can You Get a Sex Offense Expunged in California?
A felony sex crime conviction stays with you for life. The court categorizes the majority of sex crimes as crimes of moral turpitude. Therefore, they are more difficult to expunge from criminal records, meaning your name could permanently remain on the sex offender list.
However, for misdemeanor offenses, it is possible to get the charges expunged in some cases. A criminal defense lawyer in California can examine your case and tell you if removal is an option with your type of sex offense conviction.
Which Criminal Records Can You Expunge?
Expunging is the process of getting criminal convictions deleted from records. Expunged records are either dismissed by the court by putting aside a guilty verdict or sealing the record. Depending on the state, individuals can still find a dismissed conviction on personal records.
Sex Crime Convictions That You Can Expunge in California
According to California PC 1203.4, you could apply for the court to expunge your sex crime conviction if you:
- Never served a state prison term
- Have satisfied all the conditions of your sentencing, including completing probation and paying all fines
- Have finished parole or probation
- Have not committed any crimes or are not presently facing criminal charges after being convicted of the crime you want the court to expunge
Remember that while you may be eligible to request that the court expunge your sex crime if you meet the strict requirements, having a conviction record deleted is very complicated.
The Court Cannot Expunge Some Sex Crime Convictions in California
You cannot expunge some sex crime convictions involving a child or a minor in the state of California. These include convictions for:
- Child pornography (PC 311)
- Continuous sexual abuse of a child (PC 288.5)
- Enticing or luring a child
- Forcible sexual penetration with a minor under the age of 14 (PC 289(j))
- Lewd and lascivious acts with a minor (PC 288)
- Oral copulation with a minor (PC 288a(c))
- Showing a minor obscene literature
- Sodomy with a minor (PC 286(c))
- Unlawful sexual intercourse with a minor under 16 by an individual over 21 (PC 261.5(d))
These charges remain on your criminal record no matter how much time passes since your conviction.
Types of Sex Offense Records That You Can Expunge in California
Like most states, California also allows the court to expunge these types of sex offense records:
- Arrests
- Citations
- County jail time records after a probation period successfully finished
- Infractions
- Non-violent felonies
- Select misdemeanor convictions
- Violations
You can speak with a sex crimes lawyer about the process for handling all these records.
What Are the Benefits of Having These Records Expunged?
There are many reasons why you should consider trying to get your conviction expunged. After all, expunging your records can help you regain most of the privileges you lost due to your past conviction.
Benefits for Your Employment
One essential benefit of this action is that you won’t have to divulge the conviction to prospective employers. California Labor Code 432.7 already assures you that employers won’t ask about an arrest that didn’t end in a conviction.
Coupled with having your record expunged, your chances of gaining meaningful employment will drastically improve.
Benefits for Getting a Professional License
Getting your records expunged can also help you acquire a state professional license. It can also prevent you from being deported or suffering other consequences to your immigration status.
Benefits for Future Court Appearances
Lastly, expungement can also preclude your previous conviction from being used to question your credibility in the event you get called as a witness in court.
Limits of Expungement
Of course, there are certain limitations to the benefits an expungement brings. For instance, it won’t be able to overturn the suspension or revocation of your driver’s license or restore your gun rights if you are in a California firearms prohibiting category.
Expunged convictions can also be counted as prior convictions to strengthen sentencing. They can also count as “strikes” in the state’s three-strikes law.
We should clarify that even if you get your sex crime conviction expunged, it does not release you from your obligation to register as a sex offender. However, it could assist you in securing a Certificate of Rehabilitation, which is a document that can release you from the stipulation that you have to register as a sex offender.
How Long Does the Expungement Process Take?
When getting your records expunged in California, it will typically take between 90 to 120 days to complete the expungement. However, some factors can increase the length of the process. Some of the factors that affect the length of time it takes to process an expungement include:
- Whether your conviction was for a misdemeanor or a felony
- The complexity of your case
- The amount of time that has passed since your conviction
- Whether your case is in the computer system of the courthouse where your lawyer files the expungement motion
- Whether the court wants a Probation Report prepared before the hearing
- How busy the court is where you need to file
While it likely won’t take too long to get your record expunged, these are very low priority cases for the courts. If the court faces a backlog of more urgent cases that need attention from a judge, you could experience some delays.
Do the Records Still Exist After an Expungement?
Having your records expunged does not result in the destruction of the records in any way. Instead, an expungement updates the disposition of your case to show that the court expunged your conviction.
The court, the California Department of Justice, and the FBI will all update their files. The new record will show that a plea of “not guilty” has been recorded and that the case has been dismissed and set aside by the court.
The records remain intact, and your original conviction is still viewable.
Will a Conviction Hurt Your Job Prospects?
There are numerous cases of people not being able to secure a good-paying job because of having a conviction on their records. Fortunately, California legislation ensures employers cannot consider or ask about an applicant’s criminal records.
The state’s Second Chance Law also enables those convicted of petty crimes and low-level felonies to have their records sealed or expunged. However, many sex crime convictions, including those for misdemeanor sex crimes, cannot be cleared or removed in California, as mentioned above.
Can You Get Off California’s Sex Crime Registry After an Expungement?
We discussed the limitations of expungements earlier. Some individuals must stay on the sex crimes registry even after an expungement. However, Senate Bill 384 allows some people to seek removal from the registry after a certain period of time.
SB 284 went into effect in 2021. If you have questions about getting off the sex offender registry in California, you can reach out to a lawyer for assistance.
How Long Do You Have to Stay on the Sex Offender Registry Under SB 384?
SB 384 set up a three-tiered system for individuals convicted of sex offenses in California. As a result, the amount of time you have to stay on the registry depends upon the tier of your crime.
Registration Limit for Tier One Offenders
Individuals convicted of a tier-one offense must stay on the sex offender registry for 10 years. Examples of tier-one violations include indecent exposure and misdemeanor sexual battery.
Registration Limit for Tier Two Offenders
Individuals facing a conviction for a tier two offense remain on the sex offender registry for 20 years. You may face a tier two conviction if the police accuse you of crimes like lewdness with a minor.
Registration Limit for Tier Three Offenders
You must remain on the sex offender registry for the rest of your life after a conviction for a tier-three offense. These offenses include crimes like rape, child molestation, and child pornography. In most cases, you cannot expunge tier-three crimes, either.
Can You Remove Your Name from the Megan’s Law Website After an Expungement?
The court system lists individuals convicted of a sex crime on the Megan’s Law website in California. You can petition to have your name removed if you have your charges expunged.
You may also have your name taken off the website by acquiring a certificate of rehabilitation or if the court convicted you of specific crimes, like sexual battery by restraint.
A sex crimes lawyer can help you review the steps for removing your name from the Megan’s Law website.
Contact a Criminal Defense Attorney
Can you have a sex crimes conviction removed from your record in California? In some cases, you can get your charges expunged, giving you a fresh start in life. Getting a Governor’s pardon or Certificate of Rehabilitation gives you a better chance of securing a good job and enjoying the benefits you lost after being convicted.
It will also give you a sense of security and peace of mind. However, not all convictions are eligible for this. You will need the services of a reliable and experienced criminal defense lawyer to help determine if you qualify to have your records cleared.
Reach out to our team at the Simmrin Law Group to learn more. Call us or complete our online contact form to get started.