If you are required to register as a sex offender with your local law enforcement agency, the agency will forward 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.
This information is generally available to the public on DOJ’s “Megan’s Law” website. Whether your information is displayed on the site depends on the specific California sex offense for which you were convicted. If your information appears online, it will typically include your name, a photo, identifying information (height, weight, eye color, tattoos or scars, any aliases), and the criminal conviction in which subjected you to Penal Code section 290 registration.
Whether or not your address appears online depends on the specific sex crime you were convicted of and your criminal history with respect to prior sex offenses. The first category displays the complete address of the registered offender. This group is reserved for those who are convicted of the most serious California sex crimes or have been convicted of multiple sex offenses.
The second group displays just the zip code of the registered offender. The offenders under this group have committed less serious sex crimes. About 25% of California registered sex offenders are not subject to public disclosure and, therefore, do not have any of their information posted online. If this is the case, you fall in either of these two categories: (1) the offense for which you were convicted is not listed in either category one or two of the above and, (2) you have successfully applied for internet exclusion.
Internet exclusions are reviewed by the DOJ Sex Offender Tracking Program and may be approved under certain categories. It is not automatic and requires an application along with specific required documentation. It is critical that if you are convicted of a sex offense that you discuss this issue of exclusion with your criminal defense attorney since disclosure of your personal information publicly is not only humiliating but could detrimentally affect your personal and professional lives.
Another remedy that I discuss with my clients is the Governor’s pardon. It 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. If you are ineligible for a certificate of rehabilitation, you may apply directly to the Governor’s office for this relief.
A Governor’s pardon 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 also be noted that if you fail to register as a sex offender, your request is likely going to be denied. Relief is only granted to those who have successfully fulfilled all of their requirements and to those who have not violated other laws.
The laws involving the Sex Registration Act are technical and complex. The documents required and the applications are threshold burdens that must be properly met. It is not an easy task but for some individuals, it is critically important that they be advised of certain available options based on the facts of their case and circumstances. It is the duty of their criminal defense attorney to insure that they are aware of such options.