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.Ask a similar question
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.Ask a similar question