The state of California takes sex crimes very seriously. The laws surrounding such offenses are very strict and can be difficult to circumvent. Possible sex crimes include sexual assault, rape, prostitution, luring of minor, sexual conduct with a minor, date rape, spousal rape, and lewd conduct. The penalties for such acts are severe and can include fines, jail time and mandatory registration as a sex offender.
Being forced to register as such an offender can have far-reaching effects that will haunt you for the rest of your life. Registration often leads to social ostracism, hatred, and infamy among your community. Often such prejudice is not warranted by the actual magnitude of the offense. If you are looking for an exemption from or to have your information removed from California’s sex offenders list, you should hire a Los Angeles sex crime defense attorney from our firm.
Criminal law in California is based on the Penal Code. The laws for sex crimes are within section 290. This law dictates that any convicted sex offender must register in the database. Their information will then be publicly displayed on Megan’s Law website. According to §290.46, there are four categories that a registered offender will fall under on the site. These include:
For all individuals who fall under the first category, their home address and information about the individual themselves will be posted online. Those who are in the second category committed a different type of offense. The same information as the first category will be provided. For those who are in the third category, their zip code—but not their actual home address—will be posted. The fourth and final category includes offenders whose information cannot be displayed on the internet at all. These individuals are still registered sex offenders and are therefore known by law enforcement agencies, but they remain private to the general community.
The law requires that an individual who is convicted of a listed offense must register as a sex offender. This individual must appear in person at their local police or sheriff’s department to register. After being released from custody, the offender has five working days to appear at one of these local departments. Should the individual change residences, they again have only five working days from the move to re-register. Every year a registrant must update their registration within five days of their birthday. Anyone who is considered to be a violent predator must update their status every 90 days and a transient—or homeless—offender must do so every 30 days.
There are a number of avenues that you can take in your efforts to avoid the sex registration requirement. The first is applying for a California Certificate of Rehabilitation. This certificate essentially declares your criminal history a thing of the past and certifies that you abide by the law and are rehabilitated. When you receive this certification there are a number of benefits. First and foremost, in some situations, it will relieve you from your duty to register as an offender. It also means that a state licensing agency cannot automatically deny you a license. It becomes an automatic application to the state governor for a pardon. If you then receive this pardon, any prior felonies cannot be used to destroy your credibility as a witness.
In order to qualify to apply for this certification, you must have been a California resident for five years and must wait five years after you first registered. If you are looking to clear your record and remove your personal information off of the internet, you should work with Okabe & Haushalter. Our law firm is dedicated to helping you get as clean a slate as possible so that you can get back to living a normal life. Being registered as a sex offender places an insurmountable burden on your shoulders. We will aggressively work to remove you from registration requirements. Call our firm today!