Legal Question in Criminal Law in California

Out of State PC 290 Registration Question

I have a sex offense from Florida: two months after I turned 18 I had consensual sex with a girl a 15 that I went to high school with; a 2 1/2 year difference.

I recently had my sex offender registration requirments removed by the state of Florida per FL Statute 943.04354.

I moved to California from Florida a year and a half ago, and had to register here when I arrived here in CA.

I'm trying to have the state of CA to honor the sex offender requirements from the state my offense occured (FL). It doesn't seem my offense is registerable anyways in CA per PC 290 as it would have been PC 261.5.

I have talked to someone from the sex offender assesment department at the CA DOJ and the police department where I'm registered if I still have to register and the best answer they could give me is they don't know but I should do it just in case. The person I talked to at the DOJ said that they have ordered my file from Florida to review for assessment of my status, but it's been a few months and they keep saying there still waiting for it.

I don't want to register anymore! It's frustrating to have Florida free me from this and still have to fight it in California. What can I do?


Asked on 11/11/07, 11:43 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Out of State PC 290 Registration Question

You seem to have dug yourself a hole. Talking to the authorities without first talking to a lawyer is usually a Really Bad Idea and can only hurt you. If you had consulted a lawyer before contacting Cal DOJ, the lawyer might well have told you, based on a review of your case, that you don't have to register in Calif. Then you could have gone your merry way - and could have blamed the lawyer in case of future trouble. The path you have chosen involves DOJ's probably notifying you that you are required to register; and your then having to hire a lawyer to file a petition in court. Stop Digging and call a lawyer if you hear from the DOJ.

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Answered on 11/12/07, 12:37 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Out of State PC 290 Registration Question

Petition your resident county superior court. Contact me direclty.

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Answered on 11/12/07, 12:48 pm
Terry A. Nelson Nelson & Lawless

Re: Out of State PC 290 Registration Question

What can I do?

Hire counsel to try to get you out of the problems you've caused yourself and your legal situation. Now, you probably have to petition the DOJ and other related agencies to formally acknowledge your FL removal status and correct your record. If you registered in CA before the FL removal, that is what you were required to do, probably. Now you probably have to petition a CA court to 'clear' your record and status and remove the CA reporting requirement. You can't just stop registering, since you're already in the system. Feel free to contact me if serious about finally getting the legal help you needed and need.

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Answered on 11/12/07, 3:26 pm


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