Is There Any Way to Get My Name Excluded from the California Megan’s Law Website?
Perhaps one of the most devastating aspects of being convicted of a California sex crime is being required to register with your local police department or sheriff’s station pursuant to Penal Code section 290. If you are required to register as a sexual offender pursuant to Penal Code section 290, this is a lifetime requirement. That is, while living in California, you must comply with Penal Code section 290[i] for the rest of your life unless and until you receive legal relief from this requirement. In addition, many people registering as sex offenders must have their information posted on California’s Megan’s Law web site for anyone to see. This is often embarrassing for the person who is required to register.
If you are required to register as a sex offender in California, you should know that it is illegal for you to access the database of registered sex offenders on the California Megan’s Law site, and, if you’re caught doing it, no matter the reason, it’s a misdemeanor, and you could be sent to jail for up to six months. (Pen. Code, § 290.46(k).) This is why we don’t provide a link to the site on our page – because we don’t want anyone to inadvertently access the site if they’re prohibited from doing so.
What Can I Do To Get Off The Megan’s Law List in California?
There are five categories of sex offender registrants under Megan’s Law. These are:
- Home Address Disclosure: If you have been convicted of any of the crimes listed in Penal Code section 290.46(b)[i], your name and home address will be disclosed on the web site.
- Conditional Home Address Disclosure: If you have been convicted of an offense listed in Penal Code section 290.46(c)[i] and another sex offense as well, your name and home address will be disclosed.
- Zip Code Disclosure: If you have been convicted of any offense listed in Penal Code section 290.46(d)[i], your name and zip code, but not your home address, will be disclosed.
- Excludable: If you have been convicted of any of the following crimes, and submit proof that you are a SARATSO[ii] risk level of low or low-moderate (Pen. Code, § 290.46(e)[i], you can apply to have your name removed from the web site:
a. Felony sexual battery by restraint (Pen. Code § 243.4(a));
b. Misdemeanor child molestation (Pen. Code § 647.6, or former section 647(a));
c. Any offense which did not involve penetration or oral copulation, and the victim of which was either your child, stepchild, grandchild, or sibling, and for which you successfully completed or are successfully completing probation; or
d. Felony child pornography (Pen. Code §§ 311.1, 311.2(b), 311.2(c), or 311.2 (d), 311.3, 311.4, 311.10, or 311.11) where the victim was at least 16 years of age or older.
- Undisclosed: If your conviction does not fall within any of the above-listed categories, your information will not be disclosed onCalifornia’s Megan’s Law web site.
If your case falls within the “Undisclosed” category, and your information is on the California Megan’s Law web site, the law requires it to be removed.
If your case falls within the “Excludable” category, and your information is on the California Megan’s Law web site, you will need to apply to the Attorney General’s Office to have it removed. The application must contain all of the legally required materials or it will be rejected. That being the case, you would be well served to have the assistance of an experienced California criminal defense lawyer in completing and submitting your application for exclusion.
We Can Help You – Give Us A Call Today
Wallin & Klarich’s team of criminal defense attorneys have decades of combined criminal defense experience. We have helped countless people just like you seek and obtain relief disclosure on California’s Megan’s Law web site, and we’re confident we can help you too.
Contact us at (877) 4-NO-JAIL (877-466-5245) today at for a free, no obligation consultation.
[i] Information on Penal Code 290 retrieved fromhttp://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=290
[ii] Information on SARATSO retrieved from http://www.saratso.org/