Relief From Sex Offender Registration for Child Pornography Convictions – PC 311.11(a)If you are convicted of possession of child pornography under California Penal Code Section 311.11(a), you will have to register as a sex offender for the rest of your life under California Penal Code Section 290. However, there is hope for you if you are on the sex offender registry due to a child pornography possession conviction.
Possession of Child Pornography Charges
The California Penal Code describes “child pornography” in section 311.11(a) (PC 311.11(a)) as material (print, video, film, or electronic) “which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct.”
Possession of child pornography can be charged as either a state or federal crime, depending on the circumstances of your offense. While typically prosecuted as a felony, the prosecuting agency has the option to charge you with a misdemeanor because this crime is considered a “wobbler” offense.
Under California law, a misdemeanor conviction for possession of child pornography is punishable by up to 364 days in county jail. If you are convicted of a felony violation of PC 311.11(a), you face 16 months, two or three years in prison for a first offense. A conviction for possession of child pornography is also subject to a fine up to $2,500. Upon release on probation, parole or from custody, you must register as a sex offender for the rest of your life while residing, working or attending school in California.
If you are convicted of violating PC 311.11(a) and you already are required to register as a sex offender for any reason, you can be incarcerated for two, four or six years in prison.
Possession of Child Pornography and Notification on the Public Megan’s Law Website
Regardless if your conviction was a misdemeanor or a felony, public notification on Megan’s Law website requires disclosure. This means your name and photo will be on Megan’s Law website. This consequence is severe. Anyone in the community will be able to find out that you are a convicted sex offender and the negative stigma could harm your ability to live peacefully in your community.
However, you may be able to apply for an exclusion from internet disclosure with the Department of Justice. To be considered for exclusion from the Megan’s Law website, you must submit a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of your offense were at least 16 years of age or older at the time of the crime (Penal Code section 290.46(e)(2)(c)).
The best way to seek exclusion from Megan’s Law is by contacting an experienced post-conviction relief attorney. Our attorneys at Wallin & Klarich can help you determine if you are eligible fro exclusion from internet disclosure and file properly file for exclusion.
How to be Relieved of Sex Offender Registration if Convicted of Possession of Child Pornography in Costa Mesa
There is an application process in the California criminal court system called a “Certificate of Rehabilitation” under Penal Code sections 4852.01 through 4852.21.
If convicted under Penal Code sections 311.1 – 311.11, you may be relieved of your obligation to register as a sex offender if a judge grants you a Certificate of Rehabilitation. To qualify for the certificate, you must demonstrate to the court that:
- You have been a resident of California for a minimum of five years; and
- You have lived an honest and moral life for at least 10 years upon your release on probation, parole or from custody; and
- You are no longer on probation or parole, nor be in custody for any reason; and
- You do not have any current criminal charges pending against you
At a hearing, the judge will hear from both the people (the respondent) and you (the petitioner). If you are successful in persuading the court that you do not pose any continued danger to society, and in fact are rehabilitated, the judge is permitted to grant you the certificate. Upon its receipt, you are automatically relieved of your duty to register.
Our attorneys at Wallin & Klarich have been successfully representing clients in post-conviction matters for more than 40 years. Our lawyers understand how to fill out a Certificate of Rehabilitation that will impress the court and increase your chances to be deemed worthy of receiving a certificate.
Does it Matter if I was Convicted of Felony Child Pornography Possession when Applying for a Certificate of Rehabilitation?
California law does not distinguish between misdemeanor and felony convictions of a child pornography crime when it comes to applying for a Certificate of Rehabilitation (Penal Code section 290.5).
However, a felony is a more serious crime than a misdemeanor, so your application for a certificate may be met with more resistance from the prosecution. If your felony conviction was a “wobbler” crime (a crime that could either be a felony or a misdemeanor), you should obtain a 17(b) motion first to reduce the felony to a misdemeanor prior to filing the Certificate of Rehabilitation. This is only available to you if you received probation on your case.
In order to have the best chance of getting off the sex offender registry, you need to hire a knowledgeable sex crimes defense attorney with an excellent track record getting Certificates of Rehabilitation granted by the court.
Contact the Costa Mesa Sex Crimes Attorneys at Wallin & Klarich Today
If you or someone you love registers as a sex offender for possession of child pornography in Costa Mesa, you can help them change their life today by contacting an experienced sex crimes defense attorney at Wallin & Klarich. The attorneys at Wallin & Klarich have over 40 years of experience successfully petitioning the courts on behalf of our clients desiring to be free of the devastating consequences of lifetime registration as a sex offender. Our lawyers understand what it takes to obtain a Certificate of Rehabilitation and can help you build a strategy that will result in a certificate for you.
With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, the experienced sex crimes defense attorneys at Wallin & Klarich are available 24/7 to help you apply for your Certificate of Rehabilitation. One phone call could put you on your path to a whole new life without the sex offender status hanging over your head. We can help you live a better life.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
