If you are convicted of a sex offense in California, you will likely face harsh restrictions that will affect you for the rest of your life. In most cases, you will have to register as a sex offender and your personal information will be made available to the public.
Being convicted of a sex offense will also restrict your ability to be on school and university campuses. But what if you are a student or a parent of a student who needs to get on campus? What rights do you have?
Sex Offenders Can Be on School Grounds
Sex offenders are not banned from being on school campuses, but there are some measures they must take in order to lawfully be on a school campus. If you are a student planning to attend school or you will be working at the school, you must comply with the following:
- Register with campus officials within 5 days of enrolling at the school or being hired; AND
- Notify the school within 5 days of leaving.
These requirements apply even if your registration requirements are in another state and you are in California temporarily for school or work.1 Your reporting requirement kicks in as long as you work or study in California for 15 days total over a 30-day period.2 You should also note that it does not matter whether you are working at the school on a part or full-time, paid or volunteer basis.3
If the school does not have a campus police department, you are not relieved of this obligation. Instead, you must register with the local police department responsible for patrolling the campus.4
Permission to Be at Your Kid’s School
Even if you’re a 290 registrant, you are allowed to be on your child’s school ground as long as you have:
- A lawful purpose to be there and
- You have the school’s permission to be there5
This means that as a parent you generally will be able to go to your child’s school as long as you have a legitimate reason, such as to drop off or pick up your child from school, or attend parent-teacher conferences. Best practice is to always to put the school on notice of your intentions.
However, you are not allowed to volunteer for school events or be directly involved with any activities at the school, even if it involves your own child.6
Apply for Relief from Sex Offender Registration
There are three ways in which you can obtain relief from the many restrictions that follow you for years following a sex crime conviction:
- Certificate of Rehabilitation
- Governor’s Pardon
First, you may want to consider getting your conviction expunged. Though an expungement will erase any record of your criminal history in the public records, it does not relieve you of your lifetime registration requirement. However, having your record expunged could increase your chances to obtain relief from sex offender registration.
Second, if you are able to successfully expunge your criminal record, you can apply for a Certificate of Rehabilitation, which could relieve you of registration requirements. In order to obtain a Certificate of Rehabilitation, you must meet these requirements:
- Establish residency in California for at least 5 years prior to applying
- It has been 10 years since you’ve been released or put on probation or parole7
- Have no criminal record of a registrable offense (i.e. record expunged)
- Have not been incarcerated nor put on probation for any other felony since the conviction that resulted in your registration requirement8
Lastly, you can apply for a Governor’s pardon, which will end your requirement to register as a sex offender.9
Contact the Sex Crime Attorneys at Wallin & Klarich
You don’t have to deal with the difficulty of living as a sex offender forever. Our skilled criminal attorneys at Wallin & Klarich can help you seek relief. At Wallin & Klarich, our skilled attorneys have been successfully helping our clients obtain relief from sex offender registration for over 30 years. We may be able to get your name removed from Megan’s Law or end your requirement to register as a sex offender.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. Cal. Pen. Code § 290.002↩
4. Cal. Pen. Code § 290.01(b)↩
8. Cal. Pen. Code § 4852.01↩