Legal Question in Criminal Law in California

Megan's Law Application

In 1987 a friend of mine pled guilty to 2 counts of 288P.C. He served one year in county jail and had 5 years probation. Subsequently, he was released from probation one year earlier in 1991 and on his paperwork a box was checked indicating that the charges were reduced to misdemeanors and then dismissed (409PC?). Nowhere on any paperwork is it listed that he register as a sex offender but he has been on a yearly basis. These are my questions: 1)When did it become a law to register?; 2)Is registering related to Megan's law?; 3)If so, can the legislature deny my friend the rights afforded under 409 given the recent Supreme Court ruling stating it is unconstitutional to change the statue of limitations?; 4)If the courts awarded him ''a clean slate'', it is truly not clean if he must continually register and potentially have his name, photo, address, etc., posted all over the Internet, etc.? Can you help him try to decipher this? Thanks.


Asked on 7/23/03, 1:39 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Megan's Law Application

Thank you for your inquiry. To briefly answer your questions in the order stated:

1. In 1947, California became the first state in the nation to establish laws requiring the registration of convicted sex offenders. The registration process was virtually unchanged until 1986 when new registration requirements were applied to juveniles. Since the mid 1990s, a number of legislative mandates have significantly reshaped California�s sex registration requirements, calling for sex offenders to register more often and to provide more detailed information. Most of these changes were prompted by the May 1996 enactment of the federal Megan�s Law. Four months later California enacted its Megan�s Law which provides the public with photographs and descriptive information on serious sex offenders residing in California who have been convicted of committing sex crimes and are required to register their whereabouts with local law enforcement.

2. Yes. See above, and also see California Penal Code section 290.

3. Maybe. The legality of ex post facto sexual registration is currently on the Supreme Court docket for decision. This is different than the Supreme Court decision regarding prosecuting cases beyond the statute of limitations however.

4. This question asks for an opinion, and I agree with your opinion that continuous registration is not consistent with obtaining a "clean slate", whatever that means.

I hope this helps, but if you have any further questions, desire additional information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/23/03, 5:19 pm


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