Could you sue successfully to remove the exception for PC 290 in the new 4852.22 section of the California Penal Code?

Asked over 1 year ago - San Jose, CA

In Oct. 2013, Gov. Brown signed SB 530 to among other things create a new section of the California Penal Code 4852.22, which reads:

Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable period of rehabilitation has elapsed may grant the application if the court, in its discretion, believes relief serves the interests of justice.

Are there any grounds on which the PC 290 exception could be challenged? Does it violate the Equal Protection Under the Law doctrine?

Attorney answers (2)

  1. Answered . The case law on this is really strong and the answer is no. Registration (cleverly) is not considered punishment, so there is not an equal protection argument. Our courts have deemed registration a regulatory issue, so it does not open up the Pandora's Box that you are suggesting may be proper.

    While I am not opposed to 290 registration, and I appreciate its purpose, I also appreciate your question.

    I can cite a bunch of cases on this issue, but you can also find them discussed in article on my website. This is a complex area of the law.

  2. Answered . Sounds like the change specifically excludes 290 registrants. The change allows an early application, that's it, so before the previous 10 year period.

    Contributions on in no way create an attorney-client relationship nor are they intended to be relied upon... more

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