How Sex Offender Registration Works in California

Registration as a sex offender under Penal Code 290 PC (known as the Sex Offender Registration Act) is, perhaps, one of the most devastating penalties you face if convicted of a California sex offense.

If you have been accused of a sex crime in this state, it is critical that you speak with an experienced California criminal defense lawyer who focuses on sex offenses.  This type of attorney knows the most effective defenses, and most convincing arguments, to keep prosecutors from charging you with an offense that subjects you to this unduly harsh penalty.

In the unfortunate event that you are convicted of an offense that requires you to register as a sex offender pursuant to Penal Code 290, this article provides a comprehensive guide to understanding your obligations under the California Sex Offender Registration Act...and how to abide by them...by addressing the following topics:

1. What are My Duties under California
Penal Code 290?
2. California's Megan's Law
3. Can I Expunge My Sex Offender Status or Obtain Relief From My Lifetime Duty to Register as a Sex Offender?

If, after reading this article, you have additional questions, we invite you to contact us.

In addition, you may find helpful information in our related articles on Penal Code 290(b) failure to register as a sex offender, Penal Code 1203.4 California expungement law, California rape laws under the Penal Code's 261 sections, Penal Code 243.4 sexual battery, Penal Code 288 lewd acts with a minor, Penal Code 311 child pornography, Penal Code 288a oral copulation, and Penal Code 314 indecent exposure.

1. What are My Duties under California Penal Code 290?

The Sex Offender Registration Act states that you are required to register as a sex offender for the rest of your life so long as you live, work, or attend school in California.1 "Registration" basically means keeping your local law enforcement agency informed as to your general whereabouts.

If you are convicted of any of the following California sex offenses, you are subject to Penal Code 290 sex offender registration:

It should be noted that this list is not exhaustive of the offenses for which you may be required to register as a sex offender under Penal Code 290, but is simply a list of some of the most common.2

On that note, a judge may order you to register as a sex offender for any offense...even if it's not specifically listed in the Sex Offender Registration Act... if the judge believes that you acted based on sexual compulsion or for sexual gratification.3

Duties of registration

In order to fulfill your initial reporting requirements under Penal Code 290, you must personally register your primary address with your local law enforcement agency within five working days of your

  • sentence (if no jail/prison time is imposed),
  • release from custody, or
  • discharge from a hospital or mental institution,

depending on your earliest release into the community.4

Once you are required to register as a California sex offender, the court notifies the California Department of Justice who then monitors your reporting compliance.

In general, the Sex Offender Registration Act requires...at a minimum...that offenders annually update their information within five working days of their birthday.5

Beyond that, your reporting requirements will depend on a variety of factors, such as whether (1) you move, (2) you are a transient, (3) the judge declares you a sexually violent predator, or (4) you are enrolled at or employed by a California institution of higher learning.

Let's take a closer look at some of these specific reporting requirements.

  • Moving

Anytime you move, you are required personally to report your new information to your local law enforcement agency within five working days of the move.6 Similarly, if you have more than one place where you regularly reside, you must report each of your addresses.

In addition, if your homes are located in different cities, you must report the information to the local law enforcement agency in each location.7

It should also be noted that if you move outside of California, your new home state may additionally require you to register as a sex offender in accordance with the laws of that state.

If you don't live in California...but work or go to school here...and are a registered sex offender in the state in which you live, you must register with the local law enforcement agency located in the area in which you work or attend school.8

  • Transients

If you are living as a transient...which means that you have no permanent residence...you are required to update the local law enforcement agency of the area in which you are physically present at least once every 30 days.9

If, upon your initial duty to register as a sex offender, you have not remained in one location for a period of five days, you must report to the agency in which you are physically present on the fifth working day following your order to register in order to fulfill your obligation under Penal Code 290.10

You must additionally report to the campus police (if there is one) if you are physically present on a California college or university or in any of their facilities.11

If you move into a residence, you have five working days to report your new address to your local law enforcement agency.  If you thereafter become transient again, you must report that fact within five working days as well.12

Finally, if you move out of this state, you must personally inform your local California law enforcement agency in the area in which you are physically present of your intent to move within five working days of that move.

When you report, you must tell the agency where you plan to move and if you knowingly have any plans of returning to California.13

  • Sexually violent predators

Sexually violent predators in California must update their information every 90 days.14 A "sexually violent predator" is an individual who has been convicted of a violent sexual offense and who has a diagnosed mental disorder rendering him/her a threat to the community.15

  • Being enrolled at or employed by a California college

Students and employees enrolled in or employed at any California college or university, must...in addition to the initial reporting requirements that apply to all sex offenders...fulfill the following requirements:

  1. register your information with the campus police (if the college or university has one) within five working days of enrollment or employment, and
  2. within five working days of leaving the institution.16

If there is no campus police department, you are required to register with the local law enforcement agency that patrols the area in which the campus is located.  Again, this is in addition to registering with the agency that is located in the area in which you live.17

This section applies to all employees, whether full- or part-time, regardless of whether the position is paid or not.18

  • Miscellaneous provisions

If you change your name, you are required to report that information to your local law enforcement agency within five working days of the change.19

If you are charged with an offense that requires registration, but are found not guilty by reason of insanity, you must still register as if you were convicted of the offense, pursuant to Penal Code 290's Sex Offender Registration Act.20

  • Regarding working with or supervising children...

If you are a California registered sex offender...and you accept or apply for a paid or volunteer position where you would directly work with or supervise minor children...you must disclose your registered sex offender status to the group, organization, or employer at the time of your application or acceptance of the position.21

If the offense for which you were convicted involved a minor who was under 16, you are prohibited from applying for or accepting any position described above.22

On a separate but related note, if you are employed by a public or private school (regardless of whether you are a teacher or non-teacher), and are arrested for an offense that is listed under Penal Code 290, your employer will immediately be notified by the arresting officer.23

2. California's Megan's Law

Once you report to your local law enforcement agency, the agency forwards your information to the California Department of Justice (DOJ).  The Sex Offender Tracking Program at the DOJ maintains California's list of registered sex offenders.24

This information is generally available to the public over the Internet on the DOJ's "Megan's Law" website.  Whether your information is publicly displayed on this site depends on the specific California sex offense for which you were convicted.

Regardless of the offense you were convicted of, if your information appears online, it will typically include your

  • name,
  • a photo,
  • identifying information (such your height/weight, eye color, tattoos or scars, and any known aliases), and
  • the offense(s) which subjected you to Penal Code 290 sex offender registration.

Whether or not your address appears online depends on (1) the specific sex crime for which you were convicted, and (2) your criminal history with respect to prior sex offenses.

You can find information on California registered sex offenders on the Megan's Law website under two basic categories.

The first category displays the complete address of the registered offender.  This group is reserved for those who (1) are convicted of the most serious California sex offenses25, or (2) have been convicted of multiple sex offenses26.

Examples of the most serious offenses that require complete address disclosure on California's Megan's Law website include (but are not limited to):
  • anyone designated a sexual violent predator
  • Penal Code 187 murder committed during the commission or attempted commission of rape or another specified forced sexual act27
  • Penal Code 207 kidnapping with the intent to commit rape or another specified forced sexual act28
  • Penal Code 261 rape when accomplished through force or fear,
  • Penal Code 288a involving certain acts of oral copulation,
  • Penal Code 288 involving certain felony lewd acts with a minor, and
  • Penal Code 269 aggravated sexual assault of a child
Examples of the offenses that require complete address disclosure if you have a prior conviction for a California sex offense include (but are not limited to):
  • Penal Code 220 assault to commit rape or other specified forced sexual acts
  • Penal Code 260 rape where the victim is incapacitated, severely intoxicated, or unconscious
  • Penal Code 286 involving certain acts of sodomy

The second group displays just the zip code of the registered offender.  The offenders under this group have committed less serious sex offenses.29

Examples of these sex offenses include (but are not limited to):
  • Penal Code 243.4 felony sexual battery when the victim is unlawfully restrained
  • a variety of misdemeanor sex offenses that involve minors

About 25% of California registered sex offenders are not subject to public disclosure and, therefore, do not have any of their information posted online.  You fall under this group if (1) the offense for which you were convicted isn't listed in any of the above categories, or (2) you have successfully applied for Internet exclusion.

Exclusion applications are reviewed by the California DOJ's Sex Offender Tracking Program and may be approved if you were convicted of:

  • Penal Code 243.4(a) sexual battery by restraint,
  • Penal Code 647.6 (formerly Penal Code 647(a)) misdemeanor child molestation, or
  • any California sex offense that didn't involve oral copulation or penetration, the victim of which was your sibling, child, stepchild, or grandchild.  In addition, you must have successfully completed or must be successfully completing probation.30
3. Can I Expunge My Sex Offender Status or Obtain Relief From My Lifetime Duty to Register as a Sex Offender?

Like most other questions relating to Penal Code 290 registration as a sex offender, this answer depends on the exact offense of which you were convicted.  There are actually a few options for clearing your sex offender status.

The first option is to have your case dismissed after you successfully complete your probation.  This process is known as expungement and is regulated by Penal Code 1203.4 California expungement law.  The benefit of this option is that it takes the charge and conviction off your criminal record.  The downside is that you must still register as a California sex offender.31

This option is not available if you were convicted of

  • Penal Code 286 (c) sodomy with a child,
  • Penal Code 288(c) lewd acts with a child under 15 whom you are at least 10 years older than
  • Penal Code 288(a) oral copulation
  • Penal Code 288.5 continuous sexual abuse of a child
  • Penal Code 289(j) sexual penetration with a person under 14 whom you are at least 10 years older than
  • Penal Code 261.5(d) statutory rape with a minor under 16 when charged as a felony.32

Certificate of rehabilitation

The second option for clearing your sex offender status is to apply for a California certificate of rehabilitation.  Unlike an expungement, a certificate of rehabilitation relieves your duty to register under Penal Code 290s Sex Offender Registration Act.33

You may apply for a California certificate of rehabilitation seven to ten years following your release from custody or from parole or probation (whichever is sooner)34 if you meet the following requirements:

  1. the court expunged your case,
  2. you have not been incarcerated since your case was dismissed,
  3. you are not on probation for the commission of any other felony, and
  4. you can prove that you have lived in California for at least five years prior to your application.35

Much like a California expungement, a certificate of rehabilitation is not available if you were convicted of the offenses listed above in the expungement section...the exception being oral copulation.36

A Governor's pardon

A California Governor's pardon is the ultimate relief for a registered sex offender.  The state's Governor is permitted to relieve you of your duty to register as a sex offender even if you were convicted of one of the above offenses.37

If you are ineligible for a certificate of rehabilitation, you apply directly to the Governor for this relief.  A Governor's pardon, except in rare circumstances, will not be granted unless you have remained crime-free for at least ten years following your release from custody, probation, or parole.

It should be noted that if you fail to register as a sex offender under Penal Code 290, you hurt your chances of obtaining your requested relief.  Relief is only granted to those who have successfully fulfilled all of their requirements and to those who have not violated other laws.

If you've failed to register as a sex offender, a judge will likely issue a California bench warrant or a California arrest warrant to address the violation.38

Failure to register as a sex offender at any time is a violation of your probation.  If you are incarcerated for this offense, it would render you ineligible from obtaining (or would at least significantly delay) authorized relief from your lifetime obligation to register.

Call us for help
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If you or loved one is charged with Penal Code 290 PC sec offender registration and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

To learn about Nevada sex offender registration, go to our article on Nevada sex offender registration.

Legal References:

1California Penal Code 290 -- Sex Offender Registration Act; lifetime duty to register within specified number of days following entrance into or moving within a jurisdiction; offenses requiring mandatory registration, subdivision "b".  ("(b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter [as a sex offender] in accordance with the Act.")

2California Penal Code 290 -- Sex Offender Registration Act... subdivision "c" sets forth all of the California sex offenses for which a convicted individual must register.

3California Penal Code 290.006 -- Court order of registration for offenses committed out of sexual compulsion or for sexual gratification.  ("Any person ordered by any court to register [as a sex offender] pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.")

4Summary of California Law on Sex Offenders.  ("The registrant must appear in person to register with the police department of the city in which he or she resides, or with the sheriff's department if he or she resides in an unincorporated area or city which has no police department. The person has five working days to register [under Penal Code 290 as a sex offender] after release from custody or on probation, or after coming into, or changing his or her residence within, any city or county.")

5California Penal Code 290.012 -- Annual update; sexually violent predator update; transient update; no fee for registration or update.  ("(a) Beginning on his or her first birthday following registration or change of address, the person shall be required to register annually, within five working days of his or her birthday, to update his or her registration with the entities described in subdivision (b) of Section 290.")

6California Penal Code 290.013 -- Change of address, within or outside the state; notice to Department of Justice by jail or prison for registrants incarcerated for more than 90 days.  ("(a) Any person who was last registered at a residence address pursuant to the [California Sex Offender Registration] Act who changes his or her residence address, whether within the jurisdiction in which he or she is currently registered or to a new jurisdiction inside or outside the state, shall, in person, within five working days of the move, inform the law enforcement agency or agencies with which he or she last registered of the move, the new address or transient location, if known, and any plans he or she has to return to California.")

7California Penal Code 290.10 -- Multiple residences; duty to register in jurisdiction of each address where registrant regularly resides. ("If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in accordance with the [Sex Offender Registration] Act in each of the jurisdictions in which he or she regularly resides, regardless of the number of days or nights spent there. If all of the addresses are within the same jurisdiction, the person shall provide the registering authority with all of the addresses where he or she regularly resides.")

8California Penal Code 290.002 -- Registration of out-of-state residents working or attending school in California.  This section explains who qualifies as an out-of-state resident for purposes of employment and schooling.

9California Penal Code 290.011 -- Registration of transients.  ("A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters.")

10See same.  ("If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register [as a sex offender] in the jurisdiction in which he or she is physically present on the fifth working day following release, pursuant to subdivision (b) of Section 290.")

11See same.  ("A transient shall...additionally [register as a sex offender] with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities.")

12See same, subdivision (b).  ("(b) A transient who moves to a residence shall have five working days within which to register at that address, in accordance with subdivision (b) of Section 290. A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with subdivision (a).")

13See same, subdivision "f".  ("(f) A transient [who is subject to the provisions of the California Sex Offender Registration Act] who moves out of state shall inform, in person, the chief of police in the city in which he or she is physically present, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, within five working days, of his or her move out of state. The transient shall inform that registering agency of his or her planned destination, residence or transient location out of state, and any plans he or she has to return to California, if known. The law enforcement agency shall, within three days after receipt of this information, forward a copy of the change of location information to the Department of Justice. The department shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence or location.")

14See Penal Code 290.012, endnote 5, above.  ("(b) In addition, every person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, shall, after his or her release from custody, verify his or her address no less than once every 90 days and place of employment, including the name and address of the employer, in a manner established by the Department of Justice.")

15California Welfare & Institutions Code 6600 - Definitions.  ("As used in this article, the following terms have the following meanings: (a)(1) "Sexually violent predator" means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.")

16California Penal Code 290.01 -- Students or employees of universities, colleges, community colleges, or other institutions of higher learning; additional registration requirements; release of information to campus community.  Sets forth specific reporting guidelines for students and employees of colleges and universities who must register according to the Sex Offender Registration Act.

17See same, subdivision "b".  ("(b) If the university, college, community college, or other institution of higher learning has no campus police department, the registrant shall instead register pursuant to subdivision (a) with the police of the city in which the campus is located or the sheriff of the county in which the campus is located if the campus is located in an unincorporated area or in a city that has no police department, on a form as may be required by the Department of Justice. The requirements of subdivisions (a) and (b) are in addition to the requirements of the Sex Offender Registration Act.")

18See same, subdivision "a".  ("The terms "employed or carries on a vocation" include employment whether or not financially compensated, volunteered, or performed for government or educational benefit.")

19California Penal Code 290.014 -- Name change by registrant.  ("If any person who is required to register pursuant to the Act changes his or her name, the person shall inform, in person, the law enforcement agency or agencies with which he or she is currently registered within five working days.")

20California Penal Code 290.004 -- Registration of mentally disordered sex offenders.  ("[A]ny person who has been found guilty in the guilt phase of a trial for an offense for which registration is required by this section but who has been found not guilty by reason of insanity in the sanity phase of the trial shall register in accordance with the [Sex Offender Registration] Act.")

21California Penal Code 290.95 -- Disclosure by person required to register as sex offender upon application or acceptance of position involving children; prohibition against employment or volunteering of registered sex offenders where victim was a minor under 16 years of age; violations.  ("(a) Every person required to register [as a sex offender] under Section 290, who applies or accepts a position as an employee or volunteer with any person, group, or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children, shall disclose his or her status as a registrant, upon application or acceptance of a position, to that person, group, or organization.")

Subdivision "b" uses the same language, but requires anyone who would work in an accompanied position who would be required to touch the children, must disclose his/her status as well.

22See same, subdivision "c".  ("(c) No person who is required to register [as a sex offender] under Section 290 because of a conviction for a crime where the victim was a minor under 16 years of age shall be an employer, employee, or independent contractor, or act as a volunteer with any person, group, or organization in a capacity in which the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children. This subdivision shall not apply to a business owner or an independent contractor who does not work directly in an unaccompanied setting with minors.")

23California Penal Code sections 291 and 291.1 set forth requirements for law enforcement officials to report persons who are employed by schools upon their arrest for specified sex offenses.

24Sex Offender Registration and Exclusion Information.  ("The Sex Offender Tracking Program at the California Department of Justice (DOJ) maintains the registered sex offender database.")

25California Penal Code 290.46 -- Sex offender information made available to public via Internet Web site; ongoing updates; information included and restricted; offenses and offenders included....  ("(b)(1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). (2) This subdivision shall apply to the following [California sex] offenses and offenders [required to register under the Sex Offender Registration Act]: (A) Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289. (B) Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289. (C) Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289. (D) Paragraph (2) or (6) of subdivision (a) of Section 261. (E) Section 264.1. (F) Section 269. (G) Subdivision (c) or (d) of Section 286. (H) Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony. (I) Subdivision (c) or (d) of Section 288a. (J) Section 288.3, provided that the offense is a felony. (K) Section 288.4, provided that the offense is a felony. (L) Section 288.5. (M) Subdivision (a) or (j) of Section 289. (N) Section 288.7. (O) Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.

26See same, subdivision "c".  ("(c)(1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of a [California sex] offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in [California Penal Code] subdivision (c) of Section 290, subject to this subdivision. (2) This subdivision shall apply to the following offenses: (A) Section 220, except assault to commit mayhem. (B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261. (C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286. (D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a. (E) Subdivision (b), (d), (e), or (i) of Section 289.

27California Penal Code 187 -- murder defined.  ("(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.")

28California Penal Code 207 -- kidnapping defined.  ("(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.")

29See Penal Code 290.46, endnote 25 above, subdivision "d".  ("(d)(1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides. (2) This subdivision shall apply to the following [California sex] offenses and offenders [required to register under the Sex Offender Registration Act]: (A) Subdivision (a) of Section 243.4, provided that the offense is a felony. (B) Section 266, provided that the offense is a felony. (C) Section 266c, provided that the offense is a felony. (D) Section 266j. (E) Section 267. (F) Subdivision (c) of Section 288, provided that the offense is a misdemeanor. (G) Section 288.3, provided that the offense is a misdemeanor. (H) Section 288.4, provided that the offense is a misdemeanor. (I) Section 626.81. (J) Section 647.6. (K) Section 653c. (L) Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.")

30See sex offender registration and exclusion information, endnote 24, above. ("The Sex Offender Tracking Program is responsible for determining if any sex offender registrant who applies for exclusion from the Internet web site qualifies for exclusion. Registrants whose only registrable sex offenses are for the following offenses may apply for exclusion: (1) sexual battery by restraint (Penal Code 243.4, subd. (a)); (2) misdemeanor child molestation (Penal Code 647.6 PC), or former section 647a); or (3) any offense which did not involve penetration or oral copulation, the victim of which was a child, stepchild, grandchild, or sibling of the offender, and for which the offender successfully completed or is successfully completing probation.")

31California Penal Code 290.007 -- Duty to register regardless of dismissal under Section 1203.4 of the Penal Code.  ("Any person required to register [as a sex offender] pursuant to any provision of the [Sex Offender Registration] Act shall register in accordance with the Act, regardless of whether the person's conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5.")

32California Penal Code 1203.4 -- Discusses the California expungement law process and lists the specific crimes which are excluded from this relief.

33California Penal Code 290.5 -- Pardon or certificate of rehabilitation; relief from duty to register.  ("(a)(1) A person required to register under Section 290 for a [California sex] offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.")

34California Penal Code 4852.03. Period of rehabilitation; determination of period.  ("(a) The period of rehabilitation shall begin to run upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years' residence in this state, plus a period of time determined by the following rules: (2) To the five years there shall be added five years in the case of any person convicted of committing any offense or attempted offense for which sex offender registration is required pursuant to Section 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years imposed by this section.")

35California Penal Code 4852.01 -- Petition for certificate of rehabilitation and pardon.  ("(c) Any person convicted of a felony or any person who is convicted of a misdemeanor violation of any sex offense specified in Section 290, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in any prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading and is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years residence in this state prior to the filing of the petition. (d) This chapter shall not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289...")

36See above.

37See above, subdivision "e".  ("(e) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.")

38California bench warrants and California search warrants are tools used by judges to secure your presence in court.  Officers are ordered by the judge to find, detain, arrest, and bring you into court to answer to the judge.

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Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

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Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

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Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

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