Skip to Content
The Law Office Of Christopher A. Lamiero The Law Office Of Christopher A. Lamiero
Available 24/7 | Se Habla Español 925-259-3337
Top

Which Crimes Can’t Be Expunged — And Why?

lawyer is explaining the terms of the legal contract
|

A criminal conviction can follow you long after you've served your time, impacting your employment, housing, and reputation. In California, expungement offers a second chance by clearing certain convictions from your record. However, not all offenses are eligible for expungement. At The Law Office Of Christopher A. Lamiero, we believe in honest legal guidance—so let’s break down which crimes can’t be expunged, and why.

Understanding Expungement in California

Expungement under California Penal Code §1203.4 allows a person who has completed probation and met certain conditions to have their guilty plea withdrawn and the case dismissed. This process can greatly improve your ability to move forward in life. But while the law is generous, it’s not limitless.

Crimes That Are Not Eligible for Expungement

Several types of offenses are automatically excluded from expungement eligibility in California:

  1. Serious Sex Crimes Involving Minors
    Crimes such as lewd acts with a minor (Penal Code §288), statutory rape, and possession or distribution of child pornography cannot be expunged. These offenses are considered too severe due to the long-term harm they cause and public safety concerns.

  2. Felonies That Resulted in Prison Time (Not Jail)
    If your sentence involved time served in state prison (not county jail), expungement is typically not available. However, in some cases, relief may be possible through a Certificate of Rehabilitation or Governor’s pardon.

  3. Crimes Related to Public Corruption
    Certain offenses committed by public officials involving misuse of their position—such as bribery or embezzlement of public funds—may be barred from expungement to uphold the integrity of public service.

  4. Crimes Not Eligible Due to a Violation of Probation or Parole
    Even if the offense itself is eligible, violating the terms of your probation may disqualify you. However, a skilled criminal defense attorney can help petition the court for relief in special circumstances.

Why These Crimes Are Ineligible

The logic behind these exclusions lies in the balance between second chances and public interest. The courts consider factors like:

  • The gravity of the offense

  • Risk to public safety

  • The victim’s age or vulnerability

  • The nature of rehabilitation

The justice system aims to give people a path forward—but it also prioritizes protecting the community and respecting the severity of certain crimes.

What You Can Do If Your Crime Isn’t Expungable

Even if your offense isn’t eligible for expungement, you still have legal options. At The Law Office Of Christopher A. Lamiero, we help clients pursue:

  • Certificates of Rehabilitation

  • Governor’s Pardons

  • Record sealing (for certain arrests or dismissed charges)

Each of these alternatives has different requirements and benefits, and we can help you determine the right approach.

Talk to a Trusted Criminal Defense Attorney Today

Understanding whether your case qualifies for expungement can be confusing—but you don’t have to navigate it alone. With over 30 years of experience, The Law Office Of Christopher A. Lamiero provides clear, honest legal counsel backed by real courtroom insight. Call (925) 259-3337 today to schedule a free case evaluation and learn about your next best step.

Categories: