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General Comments September 2013

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I found an interesting case that may give some a very slight ray of hope. People v Lewis (2006). I am not a legal mind so don’t get too excited. Seems Lewis was charged with a 664.288a and because it was an “attempt” he filed for the case to be expunged. Superior court said no, he appealed and won. From what I gather, certain conditions must be met: 1. the 288 charge must be attempted (664) and a “wobbler” 2. sentence can only be probation, no state prison 3. successful completion of probation and payment of all restitution and no… Read more »

I received an expungement earlier this year via 1203.4, however in California it does not relieve you of the requirement to register. I fail to see how requiring someone with no record to continue to register is NOT punishment. It is unconstitutional at its core and I would really like to see this be one of our areas of attack against what has become nothing more than an excuse for DAs and local law enforcement and politicians to justify their jobs. I am being forced to register for a conviction that no longer exists. No victim = no crime, period.

mch, I am p[resuming you are actually talking about an “expungement” under 1203.4 PC for post-probation relief. From what you wrote, I am not clear on the issues in that case. However, from reading many cases involving 1203.4, I can tell you the courts have ruled that someone who successfully completes probation is “ENTITLED” to the relief offered by 1203.4 PC. That is, The only argument that prosecutors can prevail with against that relief is that the person did not successfully complete probation. 1203.4 PC says anyone who has successfully completed probation. It does not say anyone who has successfully… Read more »

Anonymous Nobody, you are correct. Mine was a wobbler and could not be reduced to a misdemeanor. If you do a background check on me it will show a conviction and a subsequent dismissal after they reopened my case and I withdrew my guilty plea. Although I still must register, which is my main problem, I can legally say on a job or housing application that I have no conviction, so there is some relief that comes along with it. It’s also a requirement for a COR which o still have to wait another 5 1/2 years to apply for.… Read more »

@JB – so you have a conviction for a strict felony that is not listed as an ineligible offense in 290.5 for registration termination with a COR? Better get that taken care of before some well-meaning legislator closes that ‘loophole’…

JB, actually, 1203.4 was all that was needed to stop registering for both a felony and a misdemeanor until the mid-1980s. In the mid-1980s, they changed that pertinent statute so that felons had to continue to register despite getting 1203.4 relief. In the early side of the 1990s, they made a little word change that served to make it so that misdemeanants were no longer relieved of the registration requirement by getting 1203.4 relief. Then they made 290 retroactive, but the statute regarding 1203.4 relief from SOR was not part of 290, so retroactivity of 290 said nothing about retroactivity… Read more »

mch, I have been granted an expungement based on the Lewis case. It doesn’t have to be a wobbler. All a wobbler does is make it possible to be reduced to a misdemeanor if you were convicted of a felony, most register-able offenses don’t qualify as wobblers. Unfortunately I am now facing an appeal and can’t go into specifics. I’ve been coming onto this site for over a year now and this is the first time I am posting. I am very nervous as I fear repercussions as most registrants do. I am lucky to have awesome friends and family… Read more »

Can you say if your goal is a Certificate of Rehabilitation? Is your offense listed in 290.5? Mildly curious…

Eventually I’d like to get a CoR but it will not relieve me of having to register as the law currently stands.

@mch – you should look at the FAQ page on this site before dropping a load of cash on a lawyer. I am not an attorney, so I won’t charge 🙂 As far as I know the only way to terminate registration for all offenses is with a pardon from the gov’ner (wouldn’t hold my breath), or in a certain cases a Certificate of Rehabilitation after a hefty waiting period. FAQ#9. The parameters of the Cert of Rehabilitation are spelled out in FAQ#10 (with the underlying code sections – you should read those yourself). Non-eligible offenses are listed in PC… Read more »

So while clicking around the internet I came across this old article RivCo supervisors approve enhanced system to track registered sex offenders he Riverside County Board of Supervisors today approved the implementation of an enhanced system to track registered sex offenders and advise residents when one moves into their neighborhood. Supervisor Jeff Stone introduced the Sexual Predator Identification in Riverside County Via Internet Tracking — or SPIRIT — program, which will be maintained by the District Attorney’s Office at an annual cost of $24,500. … July 2010 I do not see it on the RCDA’s web site. What happened to… Read more »

Thanks Anonymous for clarification. So really an SO’s expungement really isn’t an expungement like other expungements? I wonder if that has been tested in court? If others whose cases are expunged are free from all penalties, then isn’t it a violation of equal protection to relieve all others yet keep that registration punishment just for a chosen few? Another question then; do you know of anybody who has had their felony reduced to a misdemeanor and then been relieved of the duty to register? How about successful exclusion from the internet? I’m trying to formulate a plan of attack, I… Read more »

You seem to be misunderstanding a bit. No one who gets 1203.4 relief has an actual “expungement,” according to the courts — not just SOs. The penalties the court cites that make it so 1203.4 relief does not expunge the conviction are not SOR, but the other things listed in 1203.4, a list which has grown over the past two decades. The courts have ruled that SOR is not a penalty, is not punishment; it is simply an administrative action, a regulatory matter. I don’t know whether California has any other law that can provide for an real expungement for… Read more »

So now the Judge in the Montana teacher student sex case has ordered a re-sentencing hearing! While judges orders are often overruled, this is the first case I am aware that a judge overrides himself and entirely based on public reaction. What a circus this whole country has become! Bring out the pitchforks and light the torches. If I were a lawyer I would fall over myself getting my card to this defendant for his appeal after he is re-sentenced. But who am I kidding – I simply have to stop clinging to the law and the Constitution and pesky… Read more »

@ legalbeagle, thanks for the clarification and direction. I’m not going to dump a chunk of change on an attorney at this point, still doing my research. What I have found encouraging in v. Lewis is that the court determined an attempt (664) is in fact different than a completed offense. To what degree, I guess I’ll find out. My plan at this point is to try to get a reduction to misdemeanor, then expunge, then exclusion from internet disclosure. You’re far more versed on the legal aspects than I am so your input is welcome. I’ll give you my… Read more »

I agree with the comments before me. The Registry itself is unconstitutional. They are getting away by calling it a civil action and non punitive. They use it to make expostfacto laws. Unconstitutional laws. If this is not punishment then probation is not punishment either! If they can control one group of people they will go after another. What’s next concentration camps? Adolf Hitler did it!. These laws and registration need to be struck down.crime and punishment are supposed to be handled at sentencing. When probation is over its supposed to be over not trying to disguise it as a… Read more »

I agree. And one thing that people who are Americans, support civil rights, and are moral should not do is refer to people who are listed on a Sex Offender Registry as a “sex offender” or “SO”.

Last week I had to go pick up a prescription at the pharmacy. While waiting in line I studied all the signage regarding HIPPA and patient privacy.

That must be something that does not apply to the State as they publish someone’s surgical scars or disfigured body parts on the internet.

Sounds like an interesting angle for a lawsuit.

From the President’s speech on Syria tonight: But when, with modest effort and risk, we can stop children from being gassed to death, and thereby make our own children safer over the long run , I believe we should act. I wonder how the tens of thousands of dead children in Iraq would respond to that – that it is not so bad getting killed by good old fashioned bombs and bullets? Or children in Vietnam – that poison gas is okay as long as the ‘good’ guys are the ones dropping it? Don’t get me wrong, I like children… Read more »

You mention children in any bill or law and it passes..
If you say every adult male must be castrated for the safety of the children, and it’ll pass.
If you say we have to raise taxes for the children, it’ll pass
If you say we shall ban all firearms in the city for the safety of the children, it’ll pass..

If you’re a politician and make “for the children” to be included in everyone of your speeches, you shall be a very favorable politician..

Can someone enlighten me on something thats been bugging me for years.. Since Halloween approaches and the battle of signs upfront begins again… I have been wondering.. How does anything protect the children? Seriously I was abused by a relative behind close doors of a family.. How doe any law protect any child from family? The children at church, children at school, children molesting other children in a bus… Its like every child needs to be visited by social services on a weekly basis to make sure they were not molested, but who is watching social services? Since they molest… Read more »

I saw on the page:


https://all4consolaws.org/2013/09/ca-rsol-challenges-halloween-ordinance-in-u-s-district-court/

the statement "There are no known sexual assaults upon children who trick or
treat on Halloween." So, what it boils down to is that posting signs, putting
restrictions on registrants, etc does NOTHING to protect anyone.

A campus bill targeted at “publicly outing” 290 registrant students on Fresno State University’s campus was rejected this week. posted Sept. 18, 2013: Student legislation demands admin at public university identify sex offenders on campus http://www.campusreform.org/blog/?ID=5082 “The bill calls for university administrators to post announcements around campus, inform students in a class with a convicted sex offender, and create a public registry page on the official school website.” Thankfully this was shot down by a majority vote of student senators that felt this was unconstitutional. This give’s me hope that our future generation will give these same considerations when looking… Read more »

Mike, That’s actually good news, or at least somewhat hopeful. I’m from that general area and got my MA from Fso State. The quote by the student senator shows a bit of wisdom and individual thinking. Thanks for posting.

An incarcerated friend of mine has asked me to post an essay he wrote to forums interested in the topic. The essay is titled “THE POLITICS OF FEAR AND IGNORANCE: Political Agendas at the Expense of Public Safety” It is three pages long. A sample follows, if you wish to read the full document the pdf can be found at: http://goo.gl/FO0RiZ It is also available on line at: http://www.proseresearch.com/the%20politics%20of%20fear%20and%20ignorance The low recidivism rate of convicted sex offenders oddly remains a secret in today’s society. In McKune v. Lile, 536 U.S. 24, 33 (2002), the United States Supreme Court cites to… Read more »

Heck yeah….@George Mead …your friends writings are always welcome here…especially on point…very good…
thank him ..welcome him….excellent stuff…excellent …
‘the political agenda’ are the blinders that keep the truth accurate and fair treatment to justice from being allowed to work….orange county will get you guilty by corrupting the trial…their political agenda isn’t the truth ..its to get people guilty and they will cheat the system to do so.

We register to vote as if that works if it did it would be banned it is a farce on All Sides starting with 2 IMO. Then We register for school,vehicles,hunting, fishing,every thing is REGISTERED Here’s a Rookie Question WHY SO MUCH REGISTRATION When did it begin & WHO did it start with? Yea Go back to History & You will See the truth of “REGISTRATION” it is a form of Religious or political, social Castration & Control! Period being Civil has nothing to do with it or WE wouldn’t Need Janice…LOL… Oh & You Pay for it one way… Read more »

I agree. We have, for whatever reasons, evolved into a society that feels punishment is the best and usually only way to solve problems. It doesn’t work. Look at the drug war and all the misery it has spawned. Punishment has a place, but we also need rewards for doing the right thing. By rewards, I mean acceptance. Adding restrictions to ones life, based on a past misdeed, for which you have corrected your behavior— that is the registry. And if you complain, the response is that you are lucky you are not in prison! It gives the message that… Read more »

So the US government is shut down due to lack of funds…perhaps if they stopped wasting money on useless things like illegally monitoring the movement of hundreds of thousands of US citizens who have long since paid their debt to society and putting them on a “hit list” they could use that money for paying the bills!

Just an idea!

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