Legal Question in Criminal Law in California
I was convicted for 288, 289 of the 290 penal code in 1993 and have been out prison 13 years and off parole 10 years. Is it possible to be removed from the megans list data base and not have to register with the local authorities? I receive lots of mail from attorneys saying this is possible, but when I do research on the matter, I keep coming up that it is not possible. Is there something I have not found or missed or am I correct that I can not and the mail is just a way to get my money.
2 Answers from Attorneys
If someone assures you it is possible, then offer to hire them on 'pay if successful'. That will weed out the ones puffing their services. It may be possible, but not likely and rare to succeed. The law, and the list, are there for a reason, and are intended to be 'forever'.
You would have to be more specific about what charges you were convicted of, and whether they were felonies. The procedure for being removed from the Megan's Law Website is provided in Penal Code section 290.46 subdivision (e)(1). You should be able to read this section for free online, and if not, there is a copy at your County Law Library. This is a relatively new section in the law. If you were convicted of the charges listed in subdivisions (b)(c), or (d) of Penal Code section 290.46, you are not eligible for removal. My advice to you is to be very careful about dealing with blanket solicitations that come in the mail.
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