Legal Question in Civil Rights Law in California

In order to be a convicted sex offender, you had to have been convicted of a crime. Since you referred to CDCR, I assume it was a felony, and you also went to state prison and are now on parole.

There is nothing that requires an employer to hire someone with this sort of record.

The California Supreme Court is currently considering whether Proposition 83 is an illegal ex post facto law (which means is increases the punishment for a crime after it was committed). Until the court issues its ruling, there is no legal precedent that would allow a judge to order CDCR not to apply those provisions.

Proposition 83, passed in 2006, prohibits registered sex offenders from residing within 2,000 feet of any public or private school, or park where children regularly gather (Penal Code �3003.5) and requires them to be monitored by GPS while on parole (Penal Code �3000.07).

The United States Supreme Court has ruled in the past that sex offender registration is regulation, not punishment, so ex post facto principles don't apply. Some cases in the California Court of Appeals have held the 2,000 foot residence limitation is punitive, and would set it aside. However, since the state Supreme Court has decided to review the issue, those lower court cases cannot be cited as authority.

If the California Supreme Court decides the provisions of Proposition 83 are punitive, it will probably overturn them. If the court rules Proposition 83 just provides more regulations to keep track of sex offenders, it will probably uphold the law.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like LawGuru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.