California Sex Offender Registry Removal → 5 Steps For Removal

July 22, 2019 | By Kerry Armstrong | Read Time: 3 minutes

California makes information about convicted sex offenders available to the public through its Megan’s Law website.

Megan’s Law was named after a 7-year-old girl in New Jersey who was raped and killed by a sex offender living on the same street.

Her parents argued that they could have protected their daughter had they known that a convicted offender was living nearby, so information about the location of sex offenders should be made public.

Sex offenders in California have had to register with local authorities for over 70 years.

However, the Megan’s Law website makes information more widely accessible across the state.

Being included on the website is one of the hardest parts of being a convicted sex offender.

Any person can find information about where you live and show up at your door to confront you.

Some convicted sex offenders have been attacked by angry members of the public.

The website also has developed a reputation for having inaccurate or incomplete information, which also presents a distorted image of you to the world.

At our firm, we often receive questions about California sex offender registry removal, such as “Can a sex offender be removed from the registry in California?”

Being removed from the website is called “exclusion,” and it is possible in some situations.

In this article, we will explain the necessary steps for California sex offender registry removal.

Check if You Qualify for Removal

Not everyone is eligible for California sex offender registry removal.

However, you can submit an application for exclusion if you were convicted of the following:

Sexual battery by restraint, Penal Code 243.4(a)
Annoying or molesting a child, Penal Code 647.6
Felony child pornography, if the victim was at least 16 and you have proof of age in an official court document

You can also request exclusion if you meet the following:

Your conviction did not involve oral copulation or penetration
Your victim was your child, stepchild, grandchild, or sibling
You have completed your probation successfully or are currently completing it

For example, you might have been accused of misdemeanor sexual battery under Penal Code 243.4(a) for groping a girl.

The victim was a young woman in your dorm room in college, and you have completed your probation.

In this situation, you qualify for the exclusion.

However, if you penetrated your victim against her will, then you do not qualify.

You also don’t qualify if you were sentenced to California’s state prison.

You should obtain copies of your papers to see what offense you were charged and convicted of. Contact the Law Offices of Kerry L. Armstrong, ALPC.

Step 2: CALIFORNIA SEX OFFENDER REGISTRY REMOVAL PROCESS

Complete Megan’s Law Exclusion Form

You can get this form from the California Department of Justice or download it here.

Provide all information requested and keep a copy for your records.

If you meet the requirements, the Department should approve your request and remove the information from the website.

However, the Department can reject your application if they believe you are a “sexually violent predator.”

You should receive a letter from the Department within 30 days containing the decision.

Step 3: CALIFORNIA SEX OFFENDER REGISTRY REMOVAL PROCESS

Continue to Register with Local Authorities

Being removed from the website does not relieve you of the registration requirement. Instead, you must continue to register with local authorities whenever you move so they can keep tabs on you.

Being removed, however, will afford you some measure of privacy from the public.

You should also realize that removing your information from the website does not wipe out the criminal conviction, which people can still find by running a background check on you.

You might want to meet with an attorney to see if you can expunge your conviction.

Step 4: CALIFORNIA SEX OFFENDER REGISTRY REMOVAL PROCESS

Don’t Pick Up Any More Offenses

If you commit another sex crime, then you can expect your information to show back up on the Megan’s Law website.

Depending on the crime, you also might not be able to reapply in the future for having your information removed, so it is important to stay on the right side of the law.

Step 5: CALIFORNIA SEX OFFENDER REGISTRY REMOVAL PROCESS

Identify Other Methods of How to Be Removed from the Sex Offender Registry

Submitting an application for exclusion is not the only way to have your information removed from the website.

If you receive a pardon from the Governor or a Certificate of Rehabilitation, then you will be relieved of the duty of registering as a sex offender in most cases.

As a result, your information should not appear online in the Megan’s Law website.

If you have a question about removal from the registry, please contact the Law Offices of Kerry L. Armstrong, APLC. We have represented many people accused of sex crimes, and we can help you determine whether you qualify for an exclusion.

You can schedule a free case evaluation with one of our attorneys by cont a cting us today.

Kerry L. Armstrong

Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County. Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.