Exclusion from CA Sex Offender Website
Penal Code 290.46
There are several ways that a California registered sex offender may have his or her duty to register as a sex offender terminated or modified, including:
Petition for Termination of the Duty to Register as a Sex Offender (PC 290.5) [Tier System for Sex Offender Registration]
Petition for Name Removal or Exclusion from California’s Sex Offender Website (PC 290.46)
There is an option for some sex offender registrants to have their sex offender status excluded from the Department of Justice’s (DOJ) sex offender website.
This option does not terminate the sex offender registrant’s obligation to register as a sex offender pursuant to PC 290; rather, upon successful petition, the sex offender registrant may have her information removed or excluded from California’s Megan’s Law Website (DOJ website). The requirements and law for exclusion from the Megan’s Law Website are as follows:
PC 290.46(d)(1)(A): An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the person’s only registerable offense is either of the following: An offense for which the offender successfully completed probation, provided that the sex offender submits to the [DOJ] a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation, sexual penetration by foreign object or penis, or sodomy (PC 290.46(d)(1)(A)(i) Abbrev.). [Other qualification may apply for defendant who are still on probation].
Note: An application for exclusion from the DOJ sex offender’s website will be terminated if the applicant commits a criminal offense or a violation of probation during the application process (PC 290.46(d)(1)(B) Paraphrased).
To learn more about how a registered sex offender in California might terminate or limit her sex offender registration requirements, including a petition for exclusion from California’s sex offender website, contact our sex crimes criminal defense lawyers today. Our sex crimes attorneys will patiently answer all of your questions and explain your rights. Our criminal defense lawyers are available every day of the week to help. Call today!