Appellate justices had recently denied a former Los Angeles County public defenders’ bid to stop registering as a sex offender.
However, the judges on the panel informed the petitioner, Chance Xcaliber Oberstein, that he was not required to wait another two years to seek a so-called certificate of rehabilitation. If he was successful in acquiring a certificate of rehabilitation, that would allow him to refrain from having to register as a sex offender.
A certificate of rehabilitation is a court-issued recommendation to the governor to pardon a convicted felon and release the petitioner from certain requirements stemming from the conviction.
Oberstein was convicted in 1998 of having unlawful sex with a minor and other sexual charges and he received a one-year jail sentence and probation. Judge Goethals’ denied his request for a petition for a certificate of rehabilitation. Oberstein argued in his appeal that Goethals’ decision was arbitrary and that the judge had abused his discretion.
The panel agreed that Goeathal’s did not abuse his discretion, however they overruled Goethals, in part, and stated in their opinion that Goethals’ cannot extend his period of rehabilitation for two more years, because the law only allows for that when an offender has broken the law since the original conviction.
Once a person is required to register as a sex offender in California, that obligation is for life. However, California law allows people to be removed from the sex registration list. The San Bernardino sex crimes attorneys at Wallin & Klarich has represented many registered sex offenders in order to absolve their obligation from registering. Depending on the person’s residency and the type of sex crime they were convicted of, that person may be able to successfully petition the court for a Certificate of Rehabilitation.
If granted, this could absolve one’s obligation from registering as a sex offender. Certain sex offenders may not qualify for a Certificate of Rehabilitation, but may qualify for a Governor’s Pardon. Wallin & Klarich can assist you in evaluating your particular situation and determine how to best proceed on your case.
If you or a loved one have been convicted of a sex offense and are looking to attempt to get your name of the sex offender list, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (877) 466-5245 to speak to an experienced criminal defense attorney about your case.