Relief from Misdemeanor Sex Offender Registration Before 1995

Penal Code §1203.4, which is commonly referred to as the law that allows for dismissal of convictions or expungements, permits, if not mandates, the court to vacate and dismiss a conviction upon successful completion of probation. Prior to 1995, the law allowed the cancellation of sex offender registration for misdemeanor sex offenders if they successfully applied for and received a dismissal or expungement.

After 1995

On January 1, 1995, the law changed and, as a result, nobody is relieved from the duty to register by acquiring an expungement pursuant to Penal Code §1203.4. However, even today, if a person has a conviction for certain a misdemeanor sex offenses that occurred prior to 1995, the Department of Justice will terminate mandatory registration. After January 1, 1995, as noted by a Lake County criminal attorney, misdemeanor sex offender registration can only be relieved or canceled through the acquisition of a Certificate of Rehabilitation.

Termination of Sex Offender Registration in Felony Cases

As far as felony sex offense registration is concerned, the statutes and case decisions interpreting those statutes are much more convoluted and will be the subject of another blog. Clearly, anyone who suffers from mandatory registration as a sex offender should be contacting a criminal defense attorney to have their criminal history analyzed to determine if, and, when, they can terminate their PC §290 sex offender registration.

Fore more information about California expungements or a Certificate of Rehabilitation, click here.