Legal Question in Criminal Law in California

Hello I have a conviction as of 2002

288a(b)1

in 2006 I was sent a letter by the dept of justice announcing to anyone who received this letter that any persons under 290.PC could file for removal with the defense from the case People V. Holfsheier

( stating its a Denial of equal protection rights to have any person(s) Register with the charge 288a(b)1 Oral Copulation with minor female under 18 ( 16 yr. old) Non violent, consenual

Though person with 261.5 PC Unlawful sexual intercourse with a minor of same age and consensual does not hold 290.PC Mandatory registration.

My Question is can this petition to file for removal of 290.

Can it petitioned in Any county or must it be petitioned in the same county you were convicted in??

Thanks in Advance


Asked on 10/22/10, 10:32 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't think you qualify for removal from the list of registered sex offenders. You can get some information here: http://www.meganslaw.ca.gov/sexreg.aspx?lang=ENGLISH

Penal Code section 290 subd. (a)(2)(A) clearly requires a person to register if they were convicted of violating Section 288a.

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Answered on 10/28/10, 10:21 am


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