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Is there a loop hole to have a juvenile 707(b) offense sealed or pardoned so that the PC 290 Registration stops?

Banning, CA |

I have done extensive research to seal my record for my charge (264.1 PC) that occurred 16 years ago when I was 15, I was not tried as an adult, but was sent to youth authority. I was not aware about having to register as a sex offender when I plead guilty to the charge. Now I am told that I cannot seal my record. What was the purpose of sending me to the youth authority and have me go through a 2 year sex offender program for rehabilitation? Can I get a governor's pardon as a juvenile? If the record can't be sealed or pardoned, is there a way to at least have the 290 PC registration stopped?

Attorney Answers 3

Posted

The answer to all of your questions is no except for the governor's pardon. That is a long and arduous process, particularly for sex offenders, but if you were a heavy campaign contributor to any governor your chances may be somewhat improved. Do not try this alone; hire an attorney.

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Asker

Posted

what about section 1772 of the Welfare and Instituions Code. I just saw this section online and I apparently meet all of the criteria: I was adjudicated in juvenile court, I was 15 years old (not 16 years old), I had an honorable discharge from the DJJ, and I do not have any pending cases or an adult record. Do you know the section I'm reffering to? What do you think?

John M. Kaman

John M. Kaman

Posted

The part of 1772 that you are referring to has to do with the admissibility of the juvenile adjudication in a later prosecution, not erasing the record of what happened.

Asker

Posted

Yes, it states: every person discharged may petition the court which committed him or her, and the court may upon that petition set aside the verdict of guilty and dismiss the accusation or information against the petitioner who shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he or she was committed. I actually don't care about sealing the record as it doesn't come up on background checks or livescans anyways, I just want to be done with the registration, and from what the section 1772 says is that it will basically release me from "penalties and disabilities resulting from the offense." Yes or no? Am I interpretting that correctly?

John M. Kaman

John M. Kaman

Posted

I think that you are misreading 1772; the part which you referenced which applies to those 16 and older has to do with priorability, not record sealing. Mr. Cernyar's avenue of inquiry is more interesting (since you weren't found guilty but ädjudicated"). I suggest you get a lawyer who sepcializes in juvenile matters and 290 registrations to help you.

Posted

Your registration should not be publicly viewable.

Seth Weinstein, Esq.
Southern California Criminal Defense
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

There may be a registration exception since there is a distinction between juvenile court and adult court for some sex crimes in California. I'm not certain if PC 264.1 is an exception. My understanding is that there was a law passed in 2006 that excluded certain sex offenders aged 14 and above from juvenile law confidentiality. So I suggest you contact an knowledgeable juvenile attorney in this area. Or retain someone to find the answer for you.

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.

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Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

BTW -- I did find this and don't know whether it is still correct, so retain an attorney to confirm: Juvenile Sex Offender Registration. Juveniles adjudicated of certain offenses are required to register as sex offenders upon release from the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (Pen. Code § 290.008.). However, registrants whose offenses were adjudicated in juvenile court cannot be publicly disclosed on the Internet web site. Local law enforcement agencies may, in their discretion, notify the public about juvenile registrants who are posing a risk to the public (Pen. Code § 290.45.). http://www.meganslaw.ca.gov/registration%5Claw.aspx Good luck.

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