The general rule is that California Penal Code (PC) Section 290 requires everyone who pled no contest, guilty, or convicted of a sex-related offense to register with at least one local law enforcement agency. In California, this is a lifetime requirement for most individuals.
What is a “sex-related offense”? These offenses could be no contact or deemed “non-violent” such as public urination, streaking, and “sexting.” This also includes violent and heinous offenses such as sexual assaults or rape but for the purposes, of registration, almost all offenders are treated the same.
How long you register for, and how difficult it is to terminate registry, varies state by state. At the stricter end of the spectrum, all sex offenders in California and South Carolina must comply with registration requirements for life, regardless of the crimes committed. Compare this with the rules in Utah, where many offenders are removed from the registry after 10 years.
In California, registrants are required to update their information annually within 5 working days of their birthday. However, transient registrants are required to update their information every 30 days and “sexually violent predators” are required to register every 90 days. If a registrant moves, you are required to notify the last registering agency in writing within 5 working days of moving and re-register in person if you move to a new jurisdiction.
Where do you register? Local law enforcement agencies and if you reside in more than one residence you will be required to register in all the jurisdictions you reside in, regardless of the number of days spent at each residence. If the offense you committed is outside of California, you will still be required to register in California if you are living in this state.
I have successfully represented many in their quest to terminate their responsibility of lifetime registration. Very few 290 registrants in California are allowed to terminate their obligation to registration. Most of those have committed a misdemeanor, were able to have their case dismissed pursuant to PC Section 1203.4, and now would be eligible after 7 to 10 years (PC 4852.03). If a judge grants a certificate, your requirement to register based on a qualifying offense will end (PC 290.5).
If the judge does not grant your Certificate of Rehabilitation (PC 4852.01), your requirement to register will continue. It is important to note that certain felony convictions may be reduced to a misdemeanor PC 17(b)).
As for the Megan’s Law—this is a federal law that was enacted in 1996 and requires states to make publicly available information about certain individuals who pled guilty or no contest to sex-related offenses. You may apply for exclusion from Megan’s Law site if certain conditions apply. In California, the individual must submit a copy of an application and provide certain information to the Department of Justice.
There are varying degrees of complexities, seriousness of the case, and other facts that must be closely scrutinized and examined in order to successfully terminate lifetime sex registration and be excluded from the Megan’s law site. It is a complicated process and an experienced criminal defense attorney is required.
Any questions or comments, feel free to call my office at 310-601-7144 or email me at [email protected].