Penal Code section 290 requires mandatory registration as a sex offender for persons convicted of the sex offenses listed in that section. Even if the offense is not listed in section 290, the person may be ordered by a court to register as a sex offender if the criminal offense committed was sexually motivated. Section 290 applies automatically to the enumerated offenses, and imposes on each person convicted a lifelong obligation to register.
This paper discusses two statutory remedies designed to relieve deserving defendants from the impediments of their past crimes: expungement and certificate of rehabilitation.
Expungement is provided for in Penal Code Section 1203.4. It allows a case to be reopened, the finding of guilty to be withdrawn, and for the case to be dismissed. It allows the defendant to honestly say they have not been convicted, with a very few exceptions.
Certificate of Rehabilitations are provided for in Penal Code Sections 4852.01 to 4852.21. Certificates of rehabilitation are a statement by the trial court that the defendant has been rehabilitated and it serves as a recommendation that the governor grant a pardon (see the bottom of this document for more on pardons).
COMMON QUESTIONSABOUT EXPUNGING SEX OFFENSES
What does expungement do for sex crimes?If it is expunged, the case is reopened and dismissed.You will no longer have to disclose to private employers that you have a conviction.A person who performs a criminal background check will see that there was a case dismissed and no finding of guilt.However, expungement does not affect the duty to register under Section 290.
Can all sex crimes be expunged?No, the following violations cannot be expunged: subdivision (c) of Section 286 (sodomy), 288 (lewd or lascivious act with specified classes), subdivision (c) of 288a, Section 288.5, subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.
If my crime is expunged, do I still have to register as a sex offender?Yes, expungement does not relieve a person of the requirement to register as a sex offender; only a certificate of rehabilitation can do that.Those who have committed a sex crime and who have successfully completed probation may apply to have the offense expunged under Penal Code section 1203.4, but expungement does not relieve the person from the duty to register as a sex offender. See Penal Code section 290(a)(2)(F).
If my crime is expunged can I be removed from the Megan's Law web site?No, expungement does not relieve a person of the requirement to register as a sex offenderTo be removed from the sex offender web site, you must submit a petition the Department of Justice.
Penal Code section 290.46(e) provides that registrants whose only registerable 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, 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. Registered sex offenders who are granted exclusion from the Internet web site must still register as sex offenders. We will petition the Department of Justice on your behalf for $500-- we offer a money back guarantee.
What does it take to have to be relieved from the requirement of registering as a sex offender?Penal Code section 290.5 states that f the conviction was for something OTHER than one of the offenses listed below (per section 290.5 (a)(1), a certificate of rehabilitation can be requested and the requirement to register as a sex offender can be removed if the person is not in custody, on parole, or on probation.Offenses listed below would require a pardon from the governor to relieve the requirement to register under Section 290.
Section 207 or 209 committed with the intent to violate Section 261 (rape), 286 (sodomy), 288 (lewd or lascivious act with specified classes), 288a, or 289 (sexual penetration against the will of another).
Section 266 (enticing a chaste, unmarried female into prostitution with another), provided that the offense is a felony (Important: Recordgone.com can reduce felony charges to misdemeanors.
Section 266c, provided that the offense is a felony (Important: Recordgone.com can reduce felony charges to misdemeanors.
Paragraph (1) of subdivision (b) of Section 286 (sodomy with a minor), provided that the offense is a felony (Important: Recordgone.com can reduce felony charges to misdemeanors.
Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.
Section 288 (lewd act or lascivious act on the body of a child).
Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony (Important: Recordgone.com can reduce felony charges to misdemeanors.
Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a. (oral copulation with a child or by force)
Section 288.5 (sustained sexual conduct with child in the residence).
Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289 (sexual penetration against the will of another), provided that the offense is a felony. (Important: Recordgone.com can reduce felony charges to misdemeanors).
Subdivision (i) or (j) of Section 289 (sexual penetration against the will of another).
Section 647.6 (formerly 647(a)) (annoys or molests child under 18), if prosecuted as a felony.
(Important: Recordgone.com can reduce felony charges to misdemeanors).
The attempted commission of any of the offenses listed above.The statutory predecessor of any of the offenses specified in this paragraph.Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.
(b) (1) Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part
What must someone convicted of a sex offense do to get a certificate of rehabilitation?A motion must be filed in the court. They must meet a California five-year residency requirement and show that they live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.
Does a certificate of rehabilitation expunge my crime?No, but it is a court order stating that you have been rehabilitated, paid all fines, and are free from the criminal penalties of the offense.If your offense is one that can be expunged, it is highly recommended and in many cases it is required that a request for expungement be made prior to applying for a certificate of rehabilitation.
Does a Certificate of Rehabilitation guarantee a pardon from the governor?No, the governor has discretion to deny or grant the pardon.Those twice convicted of felons must have a recommendation from the majority of the California Supreme Court.Pardons are exceedingly rare; typically, less than a 2 or 3 are granted each year.
