Being convicted of a sex offense will have a lasting impact on your life. California’s sex offender registration requirement, found in Penal Code 290 (PC 290), requires you to place your name on a public record if you are found guilty of one of the qualifying sex crimes. You may be required to register as a sex offender for life.
If you are being investigated for or have been charged with any sex offense, it is important that you seek a skilled Oakland sex crimes lawyer immediately. Attorney Elliot Silver understands how being charged with a sex crime can affect your life, and he will help you fight the negative consequences that you’re facing.
To speak with an experienced sex crimes defense lawyer, contact Silver Law Firm. Call us today at (510) 995-0000.
California’s Sex Offender Registration
Penal Code 290 states that you will be required to register as a sex offender if you are convicted of certain sex offenses. The law applies to anyone living, working, or going to school in California, even if you who were convicted of sex crimes outside of the state. If you have a sex crime conviction from out of state, the crime must fall within Penal Code 290 in California in order for you to be required to register.
Not only does California law have a large number of sex offenses that require registration, but the law also allows for the judge in your case to order you to register as a sex offender even for convictions that do not fall under Penal Code 290. While rare, this can happen if the judge in your case is convinced that you are a danger to others based on a “compulsion for sexual gratification or sexual abuse”.
A new California law that was established in Senate Bill 384 will alter sex offender registration requirements in January 2021, allowing for some sex offenders to be removed from the registry. Sex crimes that require registration will fall into three tiered categories that determine registration requirements.
- Tier one has the lowest level of requirements for sexual offenses such as misdemeanor sexual assault and sexual battery or indecent exposure. These sex offenders must register for at least 10 years.
- Tier two involves mid-level sexual offenses such as lewd acts with a minor under 14 and non-forced sex crimes with a minor. These sex offenders must register for at least 20 years.
- Tier three has the most stringent requirements, with mandatory lifetime sex offender registration. This includes crimes such as rape charges, sex trafficking of minors, and sex crimes against children under the age of 10. Repeat offenders are also typically included in tier three.
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Complying with Sex Registration Requirements
To properly comply with a sex registration requirement, you will have to personally register with your local police within five days of your release from jail or prison, or five days after sentencing if you do not receive jail time. According to law enforcement, the primary objective of your registration requirement is to keep police up to date on your residence, and to allow for members of the community to identify you if they choose to look up sex offenders in their area. At a minimum, you will be required to report annually to local law enforcement within five days of your birthday and after the new year. Possible further requirements include:
- You must report within five days of moving.
- If you become homeless, you must report to local law enforcement every 30 days.
- If you are employed or enrolled in a college in California, you must additionally register with campus police within five days of enrolling as well as leaving the school.
- If you have been convicted of a sex offense and diagnosed with a dangerous medical disorder, you must update your registration with local police every 90 days.
- If you change your name at anytime, you must report the change to local law enforcement within five days.
Restrictions For Those Required To Register As A Sex Offender
State law is very strict for sex offenders. The law was further codified by Proposition 83, known as Jessica’s Law, which was passed in 2006. The Supreme Court of California has found that many sex offender requirements cannot be mandatory requirements for every sex offender. Rather, a case-by-case basis will determine what a convicted person must do in order to comply with Penal Code 290. Your requirements will be determined by the details of your crime, and your criminal history, so it is important to have an experienced sex offender attorney fighting for the least restrictive requirements in your case.
Of the many restrictions you may be facing as a convicted sex offender, some include:
- Not being able to live within a certain distance of a school or place where children gather. Depending how this applied to your situation, you may be unable to live in a large percentage of neighborhoods in your area.
- GPS monitoring if you are determined to be a high risk offender.
- You may have extended parole, or even probation, for some crimes.
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Receiving a Certificate of Rehabilitation or a Governor’s Pardon
If you have been convicted of a sex offense and are required to register as a sex offender, a Certificate of Rehabilitation may be the best option for restoring your rights. As described in Penal Code 4852, a Certificate of Rehabilitation is a court order declaring that you are now rehabilitated, and it may result in an end to your requirement to register as a sex offender. Obtaining the certificate will not automatically end your registration requirement, but you may be able to seek this result. When a Certificate or Rehabilitation is granted, it is then forwarded to the governor which then presents an opportunity for the governor to grant you a pardon.
Most Certificates of Rehabilitation are granted only when the petitioner has been discharged from parole for at least 10 years with no additional criminal history. In order to be successful, you must show that you are a fully-reformed, productive member of the community. Our office understands how difficult it can be to seek a governor’s pardon, and we know what the courts are looking for when they are considering granting a Certificate of Rehabilitation to a convicted sex offender. If you believe that you could be pardoned, or to find out more about the pardon process, contact an Oakland expungement lawyer today at (510) 995-0000.
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Silver Law Firm Can Help You
Being convicted as a sex offender can completely change your life. Attorney Elliot Silver has been a persistent advocate for many people facing serious sex crime charges, and he knows what’s on the line for you during this difficult time. To discuss your sex offense charges or how California’s Sex Offender Registration Act can affect your life, contact Silver Law Firm to speak with a sex offender attorney. Call us today at (510) 995-0000.
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