Source: Pacific Legal Foundation 4/10/26
Also read Janice’s comments
On April 9, a federal judge issued a permanent injunction blocking the Department of Justice from prosecuting California residents under a federal sex-offender registration law without first confirming with the state that those individuals are required to register in the first place.
PLF represents a group of plaintiffs who are caught in a bind created by conflicting federal and state law. Each had been convicted of a sex offense, served their punishment, been rehabilitated, and earned removal from California’s registry through expungement or formal court petition.
But in 2021, the DOJ adopted a rule under the federal Sex Offender Registration and Notification Act (SORNA) that required PLF’s clients to re-register with the state— even though California, having recognized their rehabilitation, prohibits the state from accepting registration from those who merited removal from its registry. Nonetheless, because of SORNA’s requirements, PLF’s clients faced the threat of federal felony charges and up to ten years in prison. Although they can’t register with the state, the federal government claimed authority to prosecute them anyway.
In his ruling, U.S. District Judge Jesus G. Bernal found that arrangement unconstitutional because the law required the plaintiffs to raise an affirmative defense — essentially proving their own innocence — to avoid prosecution for something they had no ability to do. The government was treating “not being registered” as proof that a SORNA crime had occurred, without ever establishing that the plaintiffs had actually failed to act. In the court’s analysis, that improperly shifted the burden of proof on a core element of the offense.
“The government cannot punish someone for failing to…
Of course, there are no further court dates
Want to know the details? Look through these decision documents. Yes, they are long, but you can see the specifics:
2026-04-09 CA SORNA judgement 42345274-0--110469 2026-04-09 CA SORNA minutes and order 42345216-0--7212
This is great news, congrats all, and well done Janice and the whole legal team!
For those of us in other states, what should the next steps or what can be done to help us receive similar relief?
BULLSEYE!!!! Thank you, Janice! Thank you, PLF!
Hallefriknluia. This is the best news.
thank you, Judge Bernal PLF and ACSOL!
I am in the same situation as the defendants so this totally affects me.
Wow. Firstly, holy moly congratulations on this one.
I am confused. Is this the SORNA case that was being pushed off over and over and over and over again?
I’m also confused if this covers out of state moves, where if I am no longer required to register in California, if I would be also forced to register in another state if I wanted to move there.
The ENTIRE registry is TOO militant, performative and exceedingly onerous. The endless myriad of rules, restrictions, requirements and guidelines is actually worse than the constantly evolving yearly tax codes. We’re unpaid cricus workers and don’t even know it! If the registry were a movie, it would undoutably be: The Wizard of Oz. Abuse, neglect and outrageous work expectatoins behind the scenes.
Very happy to see this! I’ve been waiting for this since it was first reported that the feds wanted to prosecute the gentleman for whom they sought. I am a person who was relieved of the obligation to register upon returning to CA in Feb 2009. I have not been registered since. Because I was sent a letter from then CA AG Edmund G. Brown, being relieved of the obligation, I was in fear of the feds imposing criminal penalties for something I could not have completed. It’s a good day for more deterioration of these extremely punitive practices that they call, “administrative”.
As a formally registered person with a COR and removal from the registry via court order in CA, this SORNA debacle had me wondering. However, I gave it to the Lord and asked him for justice. Then I let it go and forgot about it. I rejoice in the ruling and now pray for justice NATIONWIDE. May the long arm of the Lord strike down SORNA once and for all. In Jesus’s name.
Thank you very much for advocating for us.
Finally!!! Years later Thank You Judge Bernal and PLFoundation
Aren’t there some more rulings to be made or is there more than one case before Bernal? I haven’t heard anything about whether 1203.4s will be honored/observed by the USG.
I’m curious about the federal jurisdiction of sorna within state lines. This case…but inverted. If a state claims you must register due to sorna, but not state due to state law. I’ve always believed sorna was guidelines for states to implement their registries but it only comes into play if convicted in federal court (jurisdiction) or if traveling across state lines so forced to comply with the rules where you travel to. . But my state, MO, believes that people have a separate sorna obligation in the state for an in state offense. You can have an obligation under sorna and state law. I don’t believe that interpretation is correct. The judge in this case starts to sort that out then stops since the facts here are different. Thoughts on if this case result conflicts w MO law.
Praise be to God!!!!!!!
I think everyone in California was worried about the federal government trying to take over state registry laws so this is a big stress reliever BUT in a twisted wired way people who have been removed from the registry kinda needs the federal government because there the only ones who can apply an nationwide registry law to where, if a person forced to register is relieved of their duty to register in their home state, they’re relieved of there duty in every state, correct me if I’m wrong, but the federal law is the only thing that can override every state.
What people who have been removed don’t understand is the moment you cross the California state line to another state you are a person forced to register again the clock starts ticking you have 3 to 5 working days to get out of the whole state or town it’s a nightmare. In reality a job or family emergency or vacation could push you out of state longer than three or five working days and if you’re stop by a cop for any reason you’re done. You could try to do the right thing and abide by the laws of that state BUT you’re gonna end up back in the DOJ database Megan‘s law and the federal database they might take you out of it once you de-register and leave BUT they don’t have to and out of fear of you coming back possibly they’re gonna keep you in there. They’re not just gonna delete all your information.
Awesome!! Thank you very much for your continued work!
Congrats on PLF and ACSOL on the Due Process win! SORNA must adhere to CA registration law by accessing the info on who de-registers and those who have de-registered must no longer be bothered.
There were four rulings in this case:
Claim 1, Delegation = denied
Claim 2, Conviction = denied
Claim 3, Due Process = approved
Claim 4, 1st Amendment = denied
I am a bit saddened that PLF lost on Claims 1 and 2. The Due Process was a win, but only a win for the state. SORNA must comply with CA registration laws. You still need to be knowledgeable about other states you visit as you can still be put back onto the registry.
It is still a huge win for due process, but also huge losses.