If you live in Costa Mesa and you were convicted of engaging in sexual activity with a minor, your sentence probably included probation or imprisonment in jail or prison.
Under California Penal Code section 288(c)(1) [PC288(c)(1)], having sexual contact with a 14 or 15-year-old who is at least 10 years younger than you is commonly known as child molestation or “lewd and lascivious acts with a minor.” It is a sex offense requiring mandatory lifetime registration as a sex offender.
As a registered sex offender, your life can be a daily struggle for acceptance in the community. Getting and keeping a meaningful job and a place to live is often quite difficult, if not impossible. Depending on the circumstance of your crime, your neighbors may know of your sex offender status, causing them to be fearful and suspicious of you. Your sex offender status can be a hardship that your entire family may bear forever.
Is There a Difference Between a Misdemeanor and a Felony Violation of PC288(c)(1)?
In California, PC288(c)(1) is known as a “wobbler” offense – meaning the District Attorney’s office has the option to charge the crime as either a misdemeanor or a felony. If you were convicted of a misdemeanor violation of PC288(c)(1), your identity is exempt from public disclosure on the Megan’s Law website. However, you still have to deal with the inconvenience of registering with your local law enforcement agency every year on your birthday and anytime you move, attend a university or college, or change jobs.
If you were convicted of a felony violation of this crime, the law requires that your identity and location be publicly listed on the Megan’s Law website. This means your neighbors and anyone with access to the internet can view your picture, name, address and details of your conviction.
Relief from Sex Offender Registration is Available
To obtain relief from having to register as a sex offender upon a conviction for violating California Penal Code section 288(c)(1), you must first obtain a “Certificate of Rehabilitation” under Penal Code sections 4852.01 through 4852.21. If you are successful, the certificate of rehabilitation becomes an automatic application for a Governor’s pardon. The Governor has the power to relieve you of lifetime sex offender registration.
If you live in Costa Mesa and were convicted of PC288(c)(1), your application for a certificate of rehabilitation should be made through the branch of the superior court in which you were convicted. You must wait a minimum of 10 years from the date you were either placed on probation or parole, or from when you were released from custody before you can apply for the certificate. Additionally, you must live in California for at least five of those 10 years in order to qualify for the certificate.
Applying for a Certificate of Rehabilitation requires convincing a court that you no longer pose any threat to the public. If you are interested in being relieved of this lifelong obligation, you need to hire an experienced sex crimes defense attorney with a proven record of success obtaining Certificates of Rehabilitation.
Contact a Costa Mesa Sex Crimes Attorney at Wallin & Klarich
If you are a registered sex offender, you need to contact an experienced Costa Mesa sex crimes attorney today. The skilled attorneys at Wallin & Klarich have over 30 years of experience aggressively representing our clients seeking relief from this lifelong burden.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the knowledgeable sex crimes defense attorneys at Wallin & Klarich will use their persuasiveness to convince a court that you have proven to be an honest and law-abiding citizen worthy of relief from sex offender registration. We have successfully obtained a Certificate of Rehabilitation for many of our clients.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.