Back in the mid 90’s I met a women. I was 28 and she was 31. We soon developed a passionate love affair. We even lived together but never married. She had odd behavior though. One minute she would be caring and attentive, the next minute she would erupt in violence and yelling. Any man with sound judgement would have broken off this relationship. I didn’t and I paid dearly.
Two years into our romance she was again acting very odd at a dinner theatre we attended together. She said she needed $3000 from me and stated she may even consider exotic dancing. I had helped her financially throughout but at that time I didn’t have that kind of money for her.
The next morning she abruptly broke up with me. Three days later I was arrested at work.
The charge was some form of date rape, laws written to tide the incidents of men slipping roofies to unsuspecting women in bars and social settings. The legislature never considers how laws can be used out of context.
Of course I never slipped any drugs to my lover. We had sex all the time. That doesn’t mean rape isn’t possible in such a relationship.
Once I read the police report I knew I had been duped. It was all fictitious. She was determined to burn me down in any way possible. She did. The ways laws are written I was unable to show the jury her mental problems. The evidence was suppressed, considered prejudicial vs. probative. Unknown to me at the time my girlfriend suffered from borderline personality disorder. Anyone in the mental health field will tell you that borderlines commonly bring forth to false allegations. There was your motive to fabricate that the jury never heard. If you’ve seen the movie Fatal Attraction that is a good example of my nightmare.
In the end, despite probations recommendation, my judge granted probation and once that was successfully completed I obtained a court dismissal per PC 1203.4. I ended up paying in the neighborhood of $12,000 in restitution. My crazy ex-girlfriend got her money…
As many of you know, the dismissal really does nothing for us since 1981. DOJ still publishes codes and crimes online as if no post conviction relief occurred. How this hasn’t been challenged in court I do not know. That is deliberate alteration of the true record. I’d challenge it but I’m basically indigent now monetarily after spending nearly $100,000 in lawyer fees over 25 years.
California’s poisonous PC 290.007 has followed me to where I moved. I didn’t move for favorable laws. I had a chance to complete a specific degree and then matriculate into my dream profession. That did happen despite the gloomy cloud over me. The current state I live in requires registration triggered by conviction only. They do not register anyone with post-conviction relief. Well, here in the south they don’t have to follow the law. Why? FYTW. I pushed it all the way to the Supreme Court where a justice named Bubba said that my dismissal “wasn’t the kind of dismissal they are looking for.” Now I’m registered here under a statute that reads: Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had.
“Resulting in a Conviction”. I don’t qualify for that one but once again PC 290.007 upends a dismissal. I keep asking for a copy of this alleged conviction and all I get is the finger.
Now, if I read it correctly SB384 will very well place some with only PC 1203.4 on record and nothing else in Tier III. How the hell did that happen? I’m not sure how many on here are affected in the same way. I do read a lot of posts here where PFR have dismissals only, no current convictions.
Is there an avenue to challenge such a designation? Lord have mercy! No record except a dismissal deemed Tier III. That is egregious without individual assessment and due process.
Thanks to all for reading my sordid tale and God bless!
- - - - - - - - -View all user submitted stories about Living with 290. Feel free to add yours - as a registrant, family member or friend. Please submit any updates on your story via the comments section on this page. Please use the comments below ONLY for input on the story on this page. To add a new story, click here.