If you are dating a sex offender in California there are certain laws and procedures that you should be aware of. These laws may limit where the sex offender can live, who they can be around, and even where they can work. It is important that you understand what to expect if you’re dating a sex offender.
What Laws Will Affect Us?
In California, after a convicted sexoffender serves their sentence, Penal Code 290 (PC 290) requires that they register as a sex offender with the city or county police department. They will have to renew this registration every time they move to another residence, and yearly within five days of their birthday. When and if they move to a new location, they will have to notify the police in the town where they are moving, and inform their current local police station of their intention to move. 1
Depending on the conviction, and if your significant other is homeless, they may be required to re-register with local law enforcement every 30 or 90 days.
Should your significant other fail to register, it is a crime and a possible probation violation that could cause your significant other to face:
- One year in county jail if the original sex offense was a misdemeanor
- Sixteen months, or two or three years in state prison if your significant other was convicted of a felony sex crime.
Be aware that you significant other will face a maximum sentence of three years of incarceration for every time they violate registration laws.
Will Finding a Place to Live Together Be an Issue?
Finding housing for a California registered sex offender may not be easy. If you are planning to move in with your significant other, be aware that you may face many restrictions regarding where you and your significant other can live. There will be restrictions on how far away from public schools and parks you must live, and this can make it difficult to find suitable housing. 2
Will My Significant Other Be Able to Live with Me and My Children?
If your significant other will be living with you and your children, they should go through a “reunification” process that involves the offender, a therapist, and the supervising agencies working together to determine if it is in the best interests of the offender and the children. Because living with a sex offender when you have children can be complex, your best bet is to talk to your attorney about the laws and any restrictions or problems you may face.
Can I Help My Significant Other Get Taken Off the Sex Offender Registry?
Under PC 4852, a sex offender convicted of a misdemeanor or certain felony sex crimes may apply for a Certificate of Rehabilitation if their conviction has been dismissed. 3 Those convicted of some felony sex offenses are not eligible for a Certificate of Rehabilitation, and must register for the rest of their lives, unless they obtain a Governor’s Pardon.
Sex offenders convicted of misdemeanor sex crimes may apply for a Governor’s Pardon, though it’s generally only given to those who have maintained exemplary behavior for at least 10 years following their discharge from parole or probation.
You can help you significant other by making sure they follow the terms of their release and register with local authorities when they are supposed to. If your significant other is going to apply for a Certificate of Rehabilitation or for a Governor’s Pardon, you can help them by providing letters of character and any other needed documents as well as be willing to provide testimony at the hearing.
If you are dating a sex offender, speak to the attorney at Wallin & Klarich today
If you or a loved one wants to know how to be taken off the sex offender registry, speak with an experienced sex crimes attorney right away. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients in sex crimes cases, and we have a thorough knowledge of the laws and restrictions that you will be dealing with.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, we have been able to help many of our clients receive rehabilitation certificates and Governor’s Pardons.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.