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How would I go and get a certificate of rehabilitation in the state of California to be removed from the sex offenders reg.?

Palmdale, CA |

I reg. every year as a sex offender due to a charge of indecent liberties with a minor when I was 19 with a 16 year old. I am 32 now with 3 children, have not had any problems with the law in regards to the above situation and keep my noise clean. I have been told by the reg. officer that I can obtain a cert. of rehab. and this would take me off the 290 reg. list. The reg. officer only suggested it to be due to the continual upkeep of staying clean and reporting and not further legal history with law enforcement. She says I qualify to get it. An help would be greatly appreciated.

Attorney Answers 5


  1. You need to get an attorney and have it looked into. I'm working on certificates of rehabilitation and motions to "de-list" from the registry at present. It is a lot of work and you should expect to invest some money. It really depends on a lot of factors as to whether you are even eligible for relief AND only then it's likely discretionary. It's certainly worth it if you get it, but you might want to pay a smaller fee to an attorney to review your file and get a better handle on the relief available to you, then hire the attorney to actually do all the work. Sex offender registration law are brutal and harsh and only recently have they begun to ease a little with discretionary registration for some crimes. I'm can offer you a consultation, though many on this list may be competent to do this work.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. For one to be granted a certificate of rehabilitation, one must start by filling out a Petition for Certificate of Rehabilitation and filing it with the California Supreme Court. The application will allow you to submit letters of recommendation and certificates of award, letters of appreciation, etc. The hearing is usually about four months after the petition is filed.

    Getting such a certificate is not easy. You may qualify to apply, but that certainly is distinguishable from qualifying for a certificate.

    Good luck.


  3. Here is some info for you:

    http://www.wegmanlevin.com/areasofpractice/expungements/

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.


  4. Pursuant to Penal Code 290.5 you may qualify through a certificate of rehabilitation. Many reputable attorneys offer a free consultation so I suggest contacting a few to determine which one is best for you. Good luck.

    www.Clearing-Criminal-Records.com
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  5. Certificates of Rehabilitation petitions are complicated for sure. The County of San Diego put together an excellent package with all of the forms and instructions. I do NOT recommend that you try this for yourself using the packet for S.D. Co. But I strongly recommend that you read through the package. The statements of law and procedure in there are drafted in understandable language and the law is uniform for all of California. After you have read through S.D. Co's Manual, you will better know how much hope and $$$ you should plan to invest in this effort, if at all.
    http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT016.PDF

    This checklist is also sound and understandable: http://www.cdcr.ca.gov/boph/docs/restoration_of_rights_reference.pdf

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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