A sex conviction in California can have far-reaching repercussions in your life. If your sentencing requires you to register as a sex offender, it will harm your life. Registering as a sex offender with the local sheriff's office or the police department can be a devastating experience.
Under California PC 290, the law requires you to register as a sex offender until you can obtain legal relief. Once you register in the sex offender registry, the Department of Justice (DOJ) will post your information on the Megan's Law Website.
Registering as a sex offender will tarnish your name and reputation in the community. It will also make finding employment an uphill task. You could also lose professional licenses if you are an attorney or a doctor.
Additionally, the law requires you to avoid certain places, like parks and schools. Due to the severity of the charges, you must hire a skilled criminal defense attorney to assist you in fighting the legal requirement of registering as a sex offender and clearing your name.
However, under the law, there are several avenues through which you could modify or terminate your duty to register as a sex offender in California. The following steps will help you if you desire to remove your name from the sex offender registry.
Check If You Are Eligible For Exclusion From the Sex Offender Registry
One thing to note when registering as a sex offender is that under the law, not everyone can qualify for sex registry removal. Your attorney should advise you accordingly concerning this.
If you are eligible for the exclusion, you can have your name removed from Megan's Law Registration Website.
Under California Penal Code 290, the law requires registering as a sex offender after a conviction for certain sexual offenses.
Understanding What Megan's Law Is
These laws were enacted in 1996 after Megan, a seven-year-old girl was sexually assaulted and killed, and her body was dumped in a park near her home. Her neighbor, Jesse Temmendequas, had invited her to his place to see his puppy.
Jesse had two prior convictions for having sexually assaulted young girls. Megan's parents argued that if they knew about Jesse's sexual criminal history, they would have been more cautious with their daughter.
In California, the state covers this law under PC 290.46. Megan's law requires the state to actively notify the public of specific sex offenders who pose a threat to the public. You can access active sex offender information on the Attorney General's office website.
You can search the website by area code or name of the sex offender. The best part of this website is the fact that it contains the following information about the sex offender:
- Names(including their aliases).
- Photos of the offender.
- Date of birth.
- Description of the convicted offense.
- If the offender is currently in violation of their court orders.
- Conviction year.
Sex Registry Exclusion Charges
You could apply for sex offender registry exclusion if the court sentences you for the following charges:
- Molesting or annoying a minor under California PC 647.6.
- Sexual battery PC 243.4(a).
- A felony charge for child pornography where the minor was 16 years old or below, and you knew their age.
Additionally, you could also request a sex offender registry exclusion:
- If the victim was your stepchild, child, sibling, or grandchild.
- If your conviction was not for penetration or oral copulation.
- If you are currently completing your probation.
- You have a rehabilitation certificate.
- After the successful completion of your probation.
- You have an expungement.
For example, if you are convicted of a misdemeanor sexual battery offense under California PC 243.4(a) for groping your stepson. You can apply for exclusion if you have completed your probation or are about to complete it.
However, in the same situation, if you penetrate your stepson against his will, you are not eligible for exclusion under the law.
Also, if your conviction resulted in state prison imprisonment, you cannot apply for exclusion as you are not eligible.
Under Senate Bill (SB) 384, you can petition the court and ask that you stop reporting to the California sex registry. This law establishes a system that states the minimum sexual registration period depending on the nature of your sexual offense. The law refers to this system as a tier-based system.
There are three tiers, namely;
Under this tier, you can have the law exclude your name from the sex offender registry after ten years.
You will face Tier 1 requirements when the court convicts you of the lowest level of sexual crimes. Some of these crimes include and are not limited to:
- Indecent exposure.
- Misdemeanor sexual battery.
Under this tier, you can have the law exclude your name from the sex offender registry after 20 years. You will be eligible for tier two registration when the court convicts you for a mid-level sexual offense. Some of these offenses include the following:
- Sodomy with a child below 14 years(non-forced).
- Lascvicious or lewd acts with a child aged below 14 years.
As a sexual offender under this tier, the law requires you to register as a sex offender for life. You will face this requirement when the court convicts you of a serious sexual crime.
These crimes include:
- Force lewd acts with a child.
- Child molestation.
- Sex trafficking of children.
- Sexual crimes against minors aged below ten years.
- Child pornography.
Fill In Megan's Law Exclusion Form
Fill out Megan's Law Exclusion Form accurately after obtaining it from the California Department of Justice. Make sure to include all required information and keep a copy for future reference. It will approve your request if you are eligible for the exclusion and meet the DOJ requirements. Once the department approves your exclusion, it will remove your information from the Megan's Law website.
The department may refuse your exclusion request if it feels or believes you threaten public safety. When you request sex registry exclusion, the department should give you feedback within 30 days, letting you know its decision.
Continue Registering With Local Law Enforcement Agencies Whenever You Relocate
Your removal from Megan's website does not eliminate the law's registration requirement. Therefore, you should register with the local authorities, especially if you relocate to a new neighborhood. This requirement ensures that the local authorities can keep an eye on you.
Exclusion from the website ensures your privacy, but it does not clear your criminal record. If someone performs a background check on your records, they will find your criminal history. If you want to clear your record, you must request an expungement from the court. An experienced attorney will help you request the sealing of your criminal records.
Avoid Facing More Sex Offense Charges
If you face another sexual offense charge, your information will be on the Megan's Law website. Additionally, depending on the nature of your offense, you may be unable to request an exclusion.
Explore Other Methods On How to Remove Your Name From the Sex Offender Registry
You could explore other ways to remove your name from the sex offenders registry website. Some of these ways include the following:
Obtain a Certificate of Rehabilitation
You can obtain a certificate of rehabilitation from the court. Through this certificate, the court states that you have rehabilitated or changed since committing the offense for which the court convicted you.
Some of the benefits you will reap when you obtain a certificate of rehabilitation are:
- The certificate will relieve you from registering as a sexual offender.
- It will help you remove your name from the sex offenders' website.
- Make it easy to apply for state board licensing.
- Enhance your chances of obtaining employment.
- This certificate helps in applying for Governor's pardon.
Although this certificate will help you remove your name from the sex offenders website, it does not erase your criminal record.
Obtain a Governor's Pardon
A governor's pardon in California is an honor a governor bestows on some individuals. To receive a governor's pardon, you must demonstrate exemplary behavior after committing specific misdemeanor sex crimes or felony convictions.
When you apply for a governor's pardon, the governor will grant your request after reviewing the information you provide.
A governor's pardon will allow you to:
- Perform your jury duties.
- Reinstate your gun rights.
- Relieve you from registering as a sexual offender.
Contact a San Bernardino Record Expungement Attorney Near Me
If you need the services of an experienced attorney to help you apply for sex offender registry exclusion. You should check out reviews on different law firms in San Bernardino and then choose one that will deliver.
Knowing that you can go about your daily routine without fear of having someone attack you for a past conviction is a relief. Our legal team at Record Expungement Attorney understands your pain and desire to have some privacy. We will guide you through the process of applying and filling out the necessary paperwork. For more information, do not hesitate to call us at 909-965-4033 today.