Legal Question in Criminal Law in California

Does my brother have to register as a sex offender?

So my brother was arrested last year in Illinois for public indecency,. He pleaded guilty to the misdemeanor and was sentenced to 12 month supervision, a money fee and to a mental health evaluation. When the year was up, he returned to court and since he had completed everything, his case was terminated and he was not convicted of anything.

He has been going to college in California for the past 3 years, but now he is worried because in california, public indecency comes with a life-long sex offender registration. Even though my brother was arrested in Illinois, he heard that there is a law in California that would require him to register as a sex offender, regardless of the fact that the crime was committed outside the state.

Can anyone please us out? It has got him really spooked.


Asked on 9/26/17, 12:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If he wasn't "convicted" then there is no issue or worry. BUT, if what happened was a 'plea and sentencing' on a conviction, with a later reversal of the conviction at the end of successful probation, then the record and his rap sheet is probably going to show that conviction. That is what we call expungement of record in CA; it does not "clear" a record, but merely changes it. He needs to consult with both his out of state atty and a local CA attorney to obtain and review his actual court records and get an 'educated' opinion on the need to register. Without seeing the actual court records and researching the fine print of CA law, no valid opinion can be given. Feel free to contact me if serious about doing so, at 714-960-7584

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Answered on 9/26/17, 11:57 am


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