It depends on the specific charge and outcome of your case. In California, some sex crime convictions may be eligible for expungement, while others are explicitly prohibited under Penal Code § 1203.4. Generally, you must have completed probation, not served time in state prison, and not be currently charged with another offense to be considered for expungement.
However, many serious sex offenses — especially those requiring lifetime registration under California Penal Code § 290 — are not eligible for expungement. This includes crimes like rape, lewd acts with a minor, or sexual battery by restraint. But there are exceptions, especially for certain misdemeanor-level offenses or cases where a plea was reduced to a lesser charge.
Even if full expungement isn’t an option, there may be alternative forms of post-conviction relief, such as:
- Reduction of a felony to a misdemeanor under Penal Code § 17(b)
- Early termination of probation
- Petitions for removal from the sex offender registry after a minimum registration period under the Tiered Registry Law
At Simmons & Wagner, our attorneys — former Orange County District Attorneys — have deep experience in post-conviction relief and know how to navigate the complexities of sex offense cases. We can evaluate your eligibility, petition the court on your behalf, and pursue every available path to help you move forward.