How to Get out from Megan’s List

vvAny person convicted of certain California sex crimes must be registered as a sex offender according to California Penal Code 290 PC. In 1996, in California came into force a special Megan law. It allows the government to notify the public about sex offenders whom it believes pose a public safety risk.

Pursuant to California law, the Department of Justice is authorized to provide specified information on persons required to register in California as sex offenders. Specific home addresses are displayed on more than 41,647 offenders on the site of the Department of Justice. An additional 11,879 offenders are inserted on the site with listing by ZIP Code, city, and county. Pursuant to Penal Code § 290.46, information about approximately 30,215 other offenders is not included on the site and cannot be published online, but is acceccible to law enforcement personnel.

Under California law, a person is considered to be a sex offender if he/she is convicted of:
a) A criminal offense and the victim is a minor
Or
b) A sexually violent offense.

It should be mentioned that sexually violent predators must also be registered in this list. According to California Welfare and Institutions Code 6600 WIC, “Sexually violent predator” means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.

The registration in the Megan’s list will be for the rest of the life. Failure to register is considered to be a felony and, in consequence, the offender can face sentencing up to three years in California state prison.
The site of the Department of Justice provide the full information about more dangerous defendants.

If a person has been convicted of the commission or the attempted commission of any of the following offenses listed below and he or she has been convicted of no other offenses listed in Section 290.46 subdivision (b), (c), or (d)[1], that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the (California Megan’s Law) Internet Web site. If the department determines that the person meets the requirements of the law, the department may grant the exclusion and no information concerning the person shall be made available via the Internet Web site.

However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to California Penal Code Section 290 nor from any otherwise applicable provision of law.

If a person committed other sex crimes, anyway, he/she has to register as a sex offender in the Megan list. For all other sex offences there two ways to get out of the Megan’s list:
a) Certificate of rehabilitation
b) California Governor’s pardon.

IT SHOULD BE NOTED that if you get an expungement for sex crimes it does not mean that your name will be removed from Megan’s List.

 

Do You want to Get Out of Megan’s List? The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional law firm. All information entrusted us will be confidential and private. You can always contact us in order to discuss your specific case and get your legal assistance.

You may file your request online, by telephone or by mail. 818-553-1000


[1] Sexual Battery, annoy or molest a child or you were the victim’s parent, stepparent, sibling, or grandparent and the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.

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