In California, there is a website known as Megan’s Law, where sex offenders must register their name for display to the public. Penal Code 290.46 refers to the offense in which you were registered to Megan’s Law in the first place and whether or not you will be posted. If you believe that you should not be required to register based on your offense, you must speak to your attorney. You may be granted exclusion, but there is a process that you must go through first.
Application for Removal
There are some circumstances in which you may be removed from the Megan’s Law website. This includes sexual battery by restraint, annoying a child, or any offense which did not include penetration or oral copulation and you have completed probation for the offense. In this case, “probation” refers to cases where you were not sentenced to California State Prison.
If you fall under these categories and want to have your information removed from the website, you must submit a Megan’s Law exclusion form to the California Department of Justice with help from your attorney. The Department will decide whether or not to approve your application for exclusion. However, you must wait about a month to hear about these results. You may also apply for removal if you receive a certificate of rehabilitation or receive a California Governor’s Pardon.
Permitted that you refrain from committing a similar offense, your information will remain excluded from the website. However, if you do receive another sex offense, your information will reappear on the website and you will lose your chance to apply for removal. This is why it is important to call us today for more information on your options. At The Law Office of Peter Blair, we have the information to guide you through the process.