Legal Question in Criminal Law in California

I'm moving to North Carolina from California and have a question regarding pc 290 sex offender registration. I had the charged dropped (2 convictions of pc 314 from about 10 years ago) after having a law firm work on the case. They had the charged dropped via pc 1203.4 and they no longer show up as convictions on my record. In California, unless I file for a certificate of rehabilitation (or governors pardon) I am still required to register yearly. I recently received a DUI and am finishing up everything I need to do (classes, fee's, probation) as ordered by the court. I have a couple questions. One, does this new charge prevent me from filing for a certificate of rehabilitation? Two, according to North Carolina registration requirements I would be required to register only if I have "a final conviction from another state that requires registration in that state". Since my conviction isn't a final conviction would I still be required to register?

Information regarding North Carolina registration requirements:

14-208.6(4)(b)

A final conviction in another state of an offense that

requires registration under the sex offender

registration statutes of that state is a reportable

conviction. Includes ANY offense that requires

registration in state of conviction.

Note, �Final Conviction� is not statutorily defined. A North Carolina misdemeanor

conviction from District Court that has been appealed to Superior Court is not a final

conviction unless the appeal has been withdrawn and the case has been remanded.

Pursuant to N.C.G.S. � 15A-1431, a defendant has 10 days from entry of judgment in

District Court to appeal a conviction to Superior Court.

When deciding whether a judicial determination, such as an adjudication, from another

state is a �final conviction,� one should look at that state�s law to see if that state treats the

judicial determination as a final conviction for registry purposes. For example, some

states� registration laws define conviction to include adjudications


Asked on 9/24/12, 11:37 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

If you already have an attorney who's familiar with your case, why are you asking for advice from strangers on the internet?

The new DUI won't prohibit the judge from granting a certificate of rehabilitation, but the judge is probably less likely to grant your request because you haven't demonstrated rehabilitation, i.e., stayed out of trouble since your indecent exposure convictions. Since alcohol lowers inhibitions, the judge may be concerned you'll get drunk and expose yourself in public again.

I'm not licensed to practice in North Carolina, so I won't try to guess how they will interpret your California convictions, but it appears you have two final convictions that require you to register under California law. California considers a conviction final when the appeals are exhausted, or when the time to file an appeal has passed. If you've already received dismissals under Penal Code �1203.4, the time to appeal passed long ago.

A dismissal under Penal Code �1203.4 is not the same as having charges dropped prior to conviction. Although it has some benefits, it does not erase your conviction altogether... and if your read Penal Code �1203.4, you'll see that it specifically states it does NOT relieve you of the duty to register as a sex offender.

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Answered on 10/06/12, 1:28 pm


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