What does having to Register per California Penal Code Section 290 MEAN??

California Penal Code section 290, commonly known as the sex registration law, requires defendants convicted of certain sex crimes to be register as sex offenders with law enforcement agencies.

This lifelong registration requirement is one of the worst penalties that can ever be imposed on a defendant because of the following consequences:
* Information posted online – defendant’s name, picture, address and nature of conviction are posted on a website that is accessible to the public.
* Registration – defendant must contact his local law enforcement agency every year on his birthday AND every time he moves residences to let them know of his whereabouts
* Restricted living – defendant is required to NOT live in certain places, such as within 2000 feet of schools, parks and other places where children may congregate

Once it becomes known that a person is a sex offender, they become pariahs in their community. They will be subjected to a lifetime of shame and harassment, not to mention that they won’t be allowed to live in many places. It is becoming increasingly difficult for sex offenders to find homes because of the restrictions placed on them.

Are There Any Solutions?

There are not many remedies to a person who is required to register as a sex offender. If a person is convicted of a crime requiring sex registration, then the first thing that person should do is file a motion for a new trial. If that does not fix the problem, then the defendant should file an appeal. Wallin & Klarich has experience in appeals, specifically involving sex offenders. If an appeal is not granted (and appeals are usually not granted), then in certain situations, a defendant can file a Hofsheir motion. Such motions can be used, post-conviction, to alleviate sex registration for certain offenders.

An expungement of the conviction will NOT eliminate sex offender registration. In fact, some sex crimes cannot be expunged in the first place. A certificate of rehabilitation will relieve some sex offenders of their duty to register, but a certificate of rehabilitation is also not available to some sex offenders. A governor’s pardon will eliminate the requirement of sex registration for ALL sex offenders. However, both certificates of rehabilitation and governor’s pardons are incredibly rare.

The bottom line is we can help. You must contact Wallin & Klarich to help you or your loved one. With over 40 years of experience as Sexual Offense Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Call us at 888-749-0034. We will be there when you call.

We can help.