June 27, 2012 By Paul Wallin

Not all sex crimes require mandatory registration

In 2006, the law changed in California allowing certain sex crimes not to be mandatory registration pursuant to Penal Code section 290. In the case of People v. Hofsheier, the California Supreme Court ruled that certain sex crimes against minors are no longer mandatory registration but rather discretionary. This not only affects the people convicted after the Hofsheier decision, but it allows a procedure where people already convicted of certain sex crimes with minors to petition the court asking to stop registration in view of this new Supreme Court decision. In fact the Hofsheier case was since expanded to include even more types of sex crimes with minors under the Picklesimer case of 2010 being deemed discretionary rather than mandatory. If you or a loved one is currently registering as sex offender, you may qualify for such a petition. Call the law offices of Wallin & Klarich. We have been helping people with 290 registration issues for over 32 years.

2 comments

  1. Recently in Riverside, I represented a client originally charged with 314.1 (indecent exposure) which is a registerable offense under PC 290. I got the DA to agree to dismiss the charge and my client plead guilty to 415PC- disturbing the peace (which is not subject to registration). We hired an investigator who interviewed witnesses and the alleged victim. The DA agreed they may have a weak case. Thus there are other ways to avoid registration.

  2. Having to register as a sex offender will be something that will likely haunt you for the remainder of your life. You should do anything within your power to avoid having to register. This means before you accept a plea bargain you should seek a second opinion if your lawyer is suggesting you agree to a plea deal where you will be required to register per Penal Code Section 290. While in some cases, as mentioned in the answer above you may be able to be removed from registration, in the majority of cases that may not be possible. Once you accept registration the requirements can be extreme. You may be forced to not live in your current home. You may have to wear a GPS device for many years so probation or parole can track your every move. You will have to register every year on your birthday and if you are late in doing so you can face a new serious crimnal charge. Sex offenses that require registration are so serious that nobody should ever face the without an experienced sex crimes law firm like Wallin and Klarich fighting for them.

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