Convicted Sex Offenders are Still Required to Register on The Internet After Their Conviction Has Been Expunged – California Penal Code Section 290.46(a)(1)

A recent California Court of Appeals decision, Doe v. Brown, held that anyone convicted of a sex crime under Penal Code Section 288, is required to register in the online database created by Megan’s law. In 2004, the California Legislature enacted section 290.46(a)(1), a statute commonly known as Megan’s Law. (Stats. 2004, ch. 745, § 1.) “California’s Megan’s Law provides for the collection and public disclosure of information regarding sex offenders required to register under section 290.” (Doe v. California Dept. of Justice). Section 290.46 requires that information of certain registered sex offenders to be made available to the public on the Internet.

The Legislature expressly provided that the Internet publication requirements in Megan’s Law apply to persons required to register as sex offenders in California, such as those who have been convicted under Section 288. In enacting Megan’s Law, the Legislature specified that the Department of Justice is required to “make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section.” (§ 290.46, subd. (a)(1), italics added; Stats. 2004, ch. 745, § 1)

Since 1981, any person who has suffered a conviction specified in section 290 is required to register as a sex offender, notwithstanding dismissal of such conviction pursuant to 1203.4. Section 1203.4, if granted by the court, allows a defendant’s conviction to be expunged and any penalties of the conviction to be halted. (Former § 290.1; § 290.007.) The Appeals Court determined that the Legislature was aware of former section 290.1 when it enacted 290.46. When read together, and as applied to the facts of this case, section 290.007 and section 290.46, subdivision (a)(1) suggest that because Doe is required to register as a sex offender, he/she is subject to the Internet publication provision contained in section 290.46, subdivision (b)(2)(H).

Thus, in somewhat of a circular way, the Appeals Court interpreted the law to mean that Doe had to register as a sex offender, even though the conviction had been expunged from her record. The attorneys at Wallin & Klarich have over 40 years of experience handling expungements, sex crimes, and appeals. If you or a loved one has been accused of a sex crime, or would like to appeal or expunge a conviction, it is important that you hire the highly skilled Southern California criminal defense attorneys at Wallin and Klarich to assist you. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com.

AUTHOR: Stephen Klarich

Stephen Klarich is a partner at Wallin & Klarich and expert in the field of sex crimes. For over thirty years, Stephen Klarich has been handling criminal cases and matters involving sex offenses. With an unparalleled knowledge of sex crimes defense, Stephen Klarich protects his clients’ rights. Stephen Klarich has experienced significant success in obtaining a Certificate of Rehabilitation or Governor’s Pardon for his clients. Thousands of clients have put their trust in Stephen Klarich and the attorneys at Wallin & Klarich in their time of legal need.

View all of Stephen Klarich's posts.