I pleaded guilty to 2 counts of 288a (b)(1) in 1992 after just turning 18 years of age. The victim was closely related and 2 years younger. This activity took place several times over the ages 12-18 between us. At the age of 18 our family found out and took us to mental health, we were forwarded to the sheriff dept where I was charged. I was sentenced to 20 days (time served) and 5 years probation.
I have been to court and had the charges reduced to a misdemeanor and successfully filed a 1203.4.
I have continued to register and obey all laws. It has been 18 years since I have been convicted.
I am trying to enlist in the military and continue my college education. Any way I can possibly get this monkey off my back and be able to move on??
Thank you for the response. I hired an attorney back in Jan that did file a writ petition where I was convicted. The judge denied the petition based on his belief my case is not the same as the Hofsheier case?? The DA rambled on about threats and the cases were not alike?? There were no threats between the victim and I Still to this day we communicate quit often and have somewhat grown up a normal life. I don't know what options I have now??? What are the steps of a Cert of Rehab?? What is my quickest was to get this resolved?? BTW, I have listed my background in full to the military. It was advised by my recruiter to get the registration issue resolved before I proceed. Mr Marshall, how often do you practice in Sutter/Yuba County?
Criminal Defense Attorney
The California Supreme Court has overturned mandatory sex offender registration for Penal Code 288a(b)(1), oral copulation with a person under 18. However, the judge still has the authority to order you to register, so there's no guarantee you will be able to terminate registration.
The first step is filing a writ petition with the Superior Court where you were convicted. The court will then order a judge to hold a hearing to decide whether the registra+tion requirement should be terminated.
You can also apply for a Certificate of Rehabilitation, which would remove the registration requirement for a misdemeanor violation of Penal Code 288a(b)(1).
Since either one is a pretty complex issue, I would strongly encourage you to hire an attorney to do it for you.
In addition, keep in mind that a dismissal under Penal Code 1203.4, commonly known as an "expungement," does not seal the record. It still shows up on the court's records, and you must still disclose it when applying for government jobs, state licenses and contracts with the California lottery.
Although my office is in Chico, I also take cases in the Sacramento area. You're welcome to call for a consultation.
With the changes in the registration laws, you potentially fall into the category of people entitled to relief from registration as discussed by Mr. Marshall. It's concerning that you've already had one hearing and your request was denied. Any future steps you take will have to be done with great precision to overcome any hurdles to removing registration.
As you can tell from his answer, Mr. Marshall knows the ins and outs of the issues and would be a good place to start for a consultation in that area.