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Being convicted of a sex crime is a devastating and difficult place to be. Often, these individuals are forever branded by society and in their communities. It is almost impossible to live a normal life after such a conviction, even after rehabilitation and reform. Every offender is required by law to register themselves as such. This registration must be updated every year and every time the individual moves. In other situations, an individual may even have to re-register every 30 or 90 days. However, there are some situations under which an individual may be able to avoid or become exempt from such requirements.
In 1996, Megan’s Law was passed in California. This legislation came in response to the tragic rape and murder of seven year old Megan Kanka. This act was committed by a convicted and known child molester who had moved across the street from the Kanka family. Though this individual was known by local authorities and was registered as an offender, that information was not available to the family. As a result, this law was enacted. Prior to this legislation, California had by requiring offenders to register for more than 50 years. In July of 1995, the information regarding their location was finally made available through the Child Molester Identification Line. In 1996, Megan’s Law put information on the internet.
It is the goal of many sex offenders to be removed from the Megan’s Law website so that their information is not readily available to the public. The first way to accomplish this is to be automatically excluded in the first place. One of the categories that an offender can fall under is called the undisclosed category. Those who are included in this list will not have any of their information posted online. They will still be registered as an offender and the police will be aware of their presence, but they will not be on California’s Megan’s Law website.
If you do not fall into this category, though, you can apply for removal. You must begin this process by submitting a Megan’s Law exclusion form to the California Department of Justice. In order to be excluded, you must meet all of the Department’s criteria. Anyone labeled as a sexually violent predator will not be eligible for exclusion. You will receive your answer relatively quickly—about a month from the day you sent in your application. If you do meet all eligibility requirements and are subsequently removed from the online listing, you must be aware that your information is permanently excluded. If you are convicted of another sex offense or violate your probation, your information will once again be put on the Megan’s Law website. However, if the specific violation you are convicted of still meets the eligibility requirements, you can reapply for exemption.
The best way to go about removing your information is to hire a sex crimes defense attorney who can guide you through the process. A successful outcome of this application is vital for your future. At Okabe & Haushalter, we know how important this exclusion is to you. We want to help in any way we can. Our legal team is devoted to providing all of our clients will aggressive representation. We have represented a number of high profile clients and are not afraid of a difficult fight. Over the years, we have handled hundreds of criminal defense cases and we know how difficult and emotional sex crime accusations can be. To find out more how we can help you, contact our firm right away. We look forward to working with you!