Court Rules Residency Restrictions on Sex Offenders Can Only Apply to Parolees

If you are a registered sex offender, the city or county where you reside may have ordinances preventing you from living within 2,000 feet of a school, park or anywhere else children may gather. Many communities in California have instituted these laws because they believe it protects the public.

Imposing these residency restrictions also make it nearly impossible for registered sex offenders to find somewhere to live in many cities. However, a recent court ruling could relax residency restrictions for many registered sex offenders.

Residency Restrictions on Sex Offenders Can Apply Only to Parolees

Recently, the California Superior Court in Norwalk ruled that cities cannot place residency restrictions on sex offenders who are not on parole for the crime for which they must register.

The ruling was made in a lawsuit against Maywood, a small city in southeast Los Angeles. Citing a 2015 Supreme Court ruling and a similar court ruling in a case involving the city of Adelanto in 2017, the court said that blanket residency restrictions on all registered sex offenders violate the terms of Prop 83 (commonly known as Jessica’s Law).

Prop 83 was a California voter-passed initiative that created residency restrictions for sex offenders. Since the law was passed in 2006, court rulings have established that the residency restrictions in this law only apply to sex offenders on parole. However, that has not stopped many local governments from enforcing residency restrictions.

The Alliance for Constitutional Sex Offense Laws (ACSOL), who filed the lawsuit on behalf of a registered sex offender, has more than 30 similar challenges against other local governments currently working their way through state and federal courts in California.

As a result of the barrage of legal challenges, many cities and counties have already repealed and/or revised existing residency restrictions. Rather than face expensive legal battles, some communities have eliminated residency restrictions entirely, while others have sought to bring their restrictions against only parolees.

Speak to a Sex Crimes Attorney Today About Ending Your Requirement to Register as a Sex Offender

If you were convicted of a sex crime, you know that the consequences of your conviction continue to follow you well after you have completed your jail or prison sentence. You may be able to stop these negative consequences by seeking post-conviction relief.

At Wallin & Klarich, our skilled and knowledgeable sex crimes defense lawyers have been successfully helping clients obtain post-conviction relief for more than 35 years. Our attorneys can help you find out if you are eligible to end your requirement to register as a sex offender.

We have offices located in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego. Our experienced Wallin & Klarich sex crimes defense attorneys are available to help you no matter where you work or live.

Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.