Expungement for Sex Crime Convictions in California: What’s Possible?
Introduction
Many people convicted of sex crimes in California wonder if they can ever clear their record. While expungement laws in California offer post-conviction relief for a wide range of offenses, not all sex crimes are eligible. The eligibility depends on the specific charge, sentence served, and whether probation was successfully completed.
This article breaks down what types of sex crime convictions can be expunged in California, how the process works, and what expungement can (and cannot) do for your future.
What Is Expungement Under California Law?
Expungement in California is governed by Penal Code §1203.4. It allows individuals who have completed probation without further legal trouble to petition the court to withdraw their guilty plea or verdict and dismiss the case. Once granted, the conviction is set aside and marked as “dismissed” on your criminal record.
However, expungement does not erase or seal your record—it simply updates the status. It can still be seen by law enforcement and certain licensing agencies, but it helps when applying for jobs, housing, and educational opportunities.
Are Sex Crimes Eligible for Expungement?
Eligibility for expungement depends heavily on the type of sex crime. You generally cannot expunge a conviction if:
- You were convicted of a sex crime involving a child
- You were sentenced to state prison (as opposed to county jail)
- You are still required to register as a sex offender under Megan’s Law
However, certain misdemeanors and lesser felony sex offenses may be eligible if you:
- Successfully completed probation
- Have no new pending charges
- Were not sentenced under exclusionary statutes
An attorney can review your case and determine if you qualify—or if you may be eligible to reduce a felony to a misdemeanor first, then seek expungement.
