Like most questions relating to California Penal Code (PC) § 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 would be to have your case dismissed after successfully completing your probation. This process is known as expungement and is statutorily regulated by PC 1203.4. The benefit of this option is that it takes the criminal charge off your criminal record but you must still register as a California sex offender.
The second option is to apply for a certificate of rehabilitation and this will relieve your duty to register under PC 290. You may apply if you meet the following requirements: (1) 7 to 10 years following release from custody, parole or probation, (2) the court expunged your case, (3) you have not been incarcerated since your case was dismissed, (4) you are not on probation for the commission of any other felony, and (5) you can prove that you have lived in California for at least five years prior to your application.
You must demonstrate that you have lived an honest and an upright life, conducted yourself with sobriety and industry, exhibited a good moral character, and conformed to and obeyed the laws of the land since being released. (PC§4852.05)
The third option would be the Governor’s Pardon. The state Governor is permitted to relieve you of your duty to register even if you were convicted of one of the offenses that were not allowed, if there are extraordinary circumstances. If you were ineligible for a certificate of rehabilitation, you may apply directly to the Governor for this relief.
A Governor’s pardon, except in rare circumstances, will not be granted unless you have been crime-free for at least ten years following your release from custody, probation, or parole. Moreover, you must have been strictly complying with the annual registration and the requirements.
Failure to register as a sex offender at any time is a “new” crime and also a violation of your probation. If you are found to have been in violation of the annual registration and its requirements, it would make you ineligible from obtaining relief or significantly delay and make it more difficult for you to find relief from lifetime registration.
The laws involving the Sex Offender Registration Act are technical and complex. The applications are equally detailed and because of this, to do it on your own is not advisable. The benefit is clear and consequently, an experienced attorney is a priority.
If you have any further inquiries, feel free to call my office at 310-601-7144 or email me at [email protected].