LEGAL GUIDE
Written by attorney Stephen Daniel Klarich | Sep 22, 2014

STOP PC 290: How To Get Off Megan's Law Website in California

Who May Be Removed From The Megan's Law Website?

The Megan's Law website in California specifically excludes from disclosure certain types of crimes and certain types of individuals. However, for some reason, every person who gets convicted of a sex crime in California tends to be added automatically on the Megan's Law website regardless of the type of sex crime he or she was convicted of. If you are currently listed on the Megan's Law website for being convicted of a crime that does not require mandatory disclosure on the Megan's Law website, it is up to you to take charge and file a petition to get yourself removed from the website.

Some examples of crimes that do not require disclosure on the Megan's Law website in California are: Misdemeanor Child Annoyance/Molestation (PC 646.6, former PC 647a ), Sexual Battery (PC 243.4), Certain types of child pornography (PC 311), among many others. Also, if you successfully completed your probation and did not go to prison, you may be able to get yourself removed from the Megan's Law website if you can prove: (A) that the victim was related to you (e.g., parent, child, stepchild, grandchild, adopted child, spouse, niece, nephew, and/or sibling; and (B) there were no allegations of penetration or oral copulation. If you have any questions on whether you may be able to get your name removed from the Megan's Law website, please contact our office.

How Can A Certificate of Rehabilitation Help You Stop Sex Offender Registration?

Also, it is important to note that in order to get yourself relieved from having to register as a sex offender, there are other steps you may be able to take. For example, if you qualify for a Certificate of Rehabilitation (under certain circumstances), may be able to stop having to register immediately. Filing for a Certificate of Rehabilitation can be done from the county where you currently live, not where the offense was committed. In addition, you must have been convicted of a crime that occurred in California under a California statute. Also, you have to prove that you were living in the state of California for a minimum period of 5 years prior to applying for a Certificate of Rehabilitation.

The waiting period before filing for a Certificate of Rehabilitation in California consists of a minimum of 5 years from the day you were released on probation or parole for any crime, and a potential additional waiting period of 5 more years for a sexual offense. Therefore, you are looking at an approximate waiting period of 10 years from the day you were released on probation or parole before you can file for a Certificate of Rehabilitation in California. Certain sex crime convictions, such as possession of child pornography and indecent exposure, only require an additional 2 year waiting period on top of the initial 5 year period, which is a 7 year waiting period before you can file for a Certificate of Rehabilitation.

If you have any comments or questions regarding the application process for a Certificate of Rehabilitation, please contact me immediately, so that I can provide you with the assistance you need.

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