Relief from Sex Offender Registration
California Penal Code 290 requires individuals convicted of certain sex crimes to register as sex offenders. Registration is typically for life, and can subject a person to severe humiliation, isolation, physical harm and difficulties in securing and/or maintaining employment and/or housing. Fortunately, relief is available for those who qualify, and the exceptional criminal defense lawyers at The Kavinoky Law Firm know the procedures, requirements and arguments that most effectively achieve success.
The possibility of escaping sex offender registration is if the registered individual was convicted of either engaging in sodomy with another consenting adult or of oral copulation under the same circumstances prior to January 1, 1976. By 1976, these activities were decriminalized between consenting adults, and an individual who was convicted of such a sex offense is discharged from the duty to register if he or she has no other offenses for which registration is required.
A less specific and more common approach lies in the Certificate of Rehabilitation and Pardon. A person who obtains such a certificate may be relieved of the duty to register under Penal Code 290, if the offense for which he or she was convicted meets certain statutory requirements, and if she or she is not otherwise in custody, on parole or on probation.
A Certificate of Rehabilitation and Pardon will relieve an individual from the registration requirement if the certificate was granted prior to January 1, 1998 and was for a violation of lewd or lascivious acts or for the continuous sexual abuse of a child, provided that the person was granted probation because he or she was a member of the victim’s household, that probation was in the best interest of the child victim, that probation was feasible, that the defendant was removed from the victim’s home until the court determined that the best interests of the victim were served by allowing the defendant back into the home, that the defendant was successfully treated and that he or she complied with the registration requirements for a period of at least 10 years immediately preceding the filing of the petition and had not been convicted of a felony during that period.
A person who has been convicted of specific sex offenses will not be relieved of the duty to register by a Certificate of Rehabilitation but may be able to secure a full pardon. These offenses include most instances of rape, including rape or penetration when acting in concert, enticing an unmarried female minor into prostitution (when charged as a felony), obtaining consent to a sexual act through fraud with an intent to create fear in the victim (when charged as a felony), procuring a minor under the age of 16 for lewd or lascivious acts, abducting a minor for prostitution, the aggravated sexual assault of a minor, most instances of sodomy, lewd or lascivious acts, most instances of oral copulation, continuously sexually abusing a child, and most felony acts involving forcible acts of penetration. It follows that crimes not specifically referenced are eligible for registration relief by way of a Certificate of Rehabilitation and Pardon.
When a full pardon (or Governor’s Pardon) is an individual’s only option for seeking relief of Penal Code 290 registration, he or she must demonstrate a high standard of constructive behavior following his or her conviction. Pardons are limited to those who can demonstrate that they have lead meaningful, productive and law-abiding lives following their convictions.
When seeking a Certificate of Rehabilitation or a full pardon in an effort to relieve oneself of the registration requirements that are imposed by California Penal Code 290, it is vital to contact an experienced criminal defense attorney who can make sure that the appropriate forms and procedures are followed, and that the most convincing arguments are articulately conveyed. The skilled attorneys at The Kavinoky Law Firm excel in the complexities related to California sex crime law and defense and are well qualified to help an individual desiring such relief. Contact The Kavinoky Law Firm today for a free consultation and to begin the expungement and healing process.
