Posted on July 25, 2016
Relief from Sex Offender Registration – California Penal Code 290
One of worst punishments to anyone convicted of a crime is having to register as a sex offender. The requirement is not only embarrassing, self-demoting, but affects a person’s life long after they’ve been rehabilitated. Although some sex offenses require life-time registration, fortunately there’s an avenue to pursue that may help end a person’s requirement to register as a sex offender.
A common avenue to relieve someone from having to register is obtaining a certificate of rehabilitation from the court. The process is far tedious than most would expect but carries lasting benefits. A certificate of rehabilitation is a court order that deems a defendant fully rehabilitated for the crime they once committed. In certain cases, obtaining a certificate of rehabilitation automatically results in an application for governor’s pardon.
Anyone may petition for a certificate of rehabilitation but it’s not simple to obtain. It requires a skilled attorney to package someone life together and litigate in an effort to persuade the judge to deem the client rehabilitated. With any sex offense conviction, judges are always weary about issuing an order due to the thought of a defendant reoffending. In other words, the court does not wish to issue a certificate of rehabilitation if they believe the petitioner is likely to reoffend.
Obtaining such relief should include the submission of character reference letters, resume, a memorandum of points and authorities, where a hearing will be held to litigate whether someone should be deemed fully rehabilitated. The process also entails certain formalities regarding service on the prosecuting agency and the number of copies. Although anyone is capable of obtaining such relief, it is strongly suggested to retain an experienced Criminal Defense Attorney familiar with litigating these post-conviction relief motions.
For more information, contact a Criminal Defense Attorney at the Law Offices of John D. Rogers.