California Sex Offender Registration Act Penal Code 290 FAQs
Our experienced sex crime attorneys at Wallin & Klarich provide you with answers to the most commonly asked questions regarding California Sex Offender Registration Act under Penal Code 290. For immediate answers to your questions regarding the specific facts of your case, call us today.
1. Is the judge allowed to waive sex offender registration if I agree to a plea bargain to a sex offense?
No. If you committed an offense with a mandatory requirement to register as a sex offender pursuant to California Penal Code Section 290, the judge must impose the registration requirement as part of a plea bargain.
2. What happens if I do not register?
Failure to register as a sex offender is a crime. You can be charged with a misdemeanor for a first offense failure to register (“FTR”) if your underlying sex offense conviction was a misdemeanor. In most cases, an FTR is a felony and can be punished by up to 3 years in prison or more, depending on whether you have a previous serious or violent conviction on your record (a “strike”).
3. Do I have to register as a sex offender if I go to another state after my probation, community supervision or parole?
Most likely. It depends on two factors: your California conviction and the registration laws in the state where you are going. Every state in the country has a sex offender registry. Chances are you are going to have to register no matter where you go in the United States, perhaps for the rest of your life.
4. Will I have to register as a sex offender if I am a minor and I am convicted of a sex offense?
Possibly. There are certain offenses that require mandatory sex offender registration even if you committed the crime as a juvenile. In fact, minors can be convicted of possession or distribution of child pornography simply by texting suggestive, naked images of themselves to each other (“sexting”). If you are a juvenile and you are convicted of a child pornography crime (PC311.1-PC311.11), you may have to register as a sex offender for the rest of your life.
5.Will I be publicly identified on the Megan’s Law website if I have to register as a sex offender?
For most sex offense convictions, the answer is yes. There are a few crimes that qualify for exclusion from the Department of Justice Megan’s Law website. However, you must apply for exclusion if you have a qualifying offense and you must provide certain proof. If you go back into custody for any reason, your exclusion from the internet may be terminated and you may have to reapply, if exclusion is still available.
6.How can I be relieved of sex offender registration?
Under Penal Code Section 290.5, you may qualify for a Certificate of Rehabilitation and/or a Governor’s pardon. This process allows some people with a sex offense conviction to be relieved of their duty to register. An experienced Criminal Defense Attorney may be able to help you with this process and get you off of the registry.
Why do I need to hire an experienced Criminal Defense Attorney if I have been charged with a sex offense?
If you or a loved one has been accused of a sex offense, you need to contact an experienced Criminal Defense Attorney today. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending our clients against charges which would have led to mandatory sex offender registration. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Sherman Oaks, and Torrance, we have been able to help many of our clients avoid this life-altering consequence. If you have already been convicted of a sex crime, we may be able to assist you in relieving you of your lifetime duty to register as a sex offender by helping you to petition for a Certificate of Rehabilitation.
Call us today at 1(877) 4-NO-JAIL (1-877-466-5245) for a free telephone consultation.
We will get through this together.