Legal Question in Criminal Law in California
Megans law
I am 32 years old. When I was 23 I had oral sex with a girl underage. She was 15. I was convicted of oral copulation with a minor under the age of 16 and received 90 days in jail, 3 years probation, and had to register as a sex offender. I was not aware of her age at the time of the incident but according to my attorney I had then my lack of knowing her true age was irrelavent. Is there anything I can do now to get my record expunged? Other than this, I have nothing on my record more serious than a speeding ticket. Please advise.
3 Answers from Attorneys
Re: Megans law
You can apply for both 1203.4 relief (an expungement) and relief from the disability of having to register. My office handles these types of matters. With more information, we may be able to help. Feel free to contact us.
Re: Megans law
Generally you would have to submit a motion to change this from a felony to a misdemeanor, then you could apply for expungment. We would also have to make sure that you were allowed to remove yourself from the Sex Offender registry.
My office handles these issues frequently, if you need further help please call.
JDH, Esq.
619.298.1969
Re: Megans law
Sorry to tell you, but even if you can get expungement, that court has no power to relieve you of the sex offender registration requirement. Instead, you will probably have to do both an expungement and Certificate of Rehabilitation. Feel free to contact me if interested in getting this done correctly.
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