Expunging Megan's Law Record: Is It Possible?

Megan's Law, also known as the California Sex Offender Registration Act, requires those convicted of certain sexual offenses in California to register as a sex offender for the rest of their lives. This information is easily accessible by the public online. However, there are options for removal from the Megan's Law website, including expungement, which involves the removal of the plea or verdict from a criminal case. While this does not erase a criminal record, it can relieve some of the public scrutiny and negative consequences that come with being listed on the website.

Removal from Megan's Law website

Megan's Law, or the California Sex Offender Registration Act, requires those convicted of certain offenses in California to register as sex offenders for the rest of their lives. This information is easily accessible by the public online and can have a negative impact on privacy, affecting people's perception when moving to a new area, applying for housing, or finding a job.

In California, removal from the sex offender registry is never automatic. However, there are two options under California law to apply for removal from the Megan's Law website. One option is to obtain a Certificate of Rehabilitation and Governor's Pardon, which can relieve select offenders of the burden of registering. The other option is to petition for exclusion from the DOJ's sex offender website (PC 290.46). Judges can also choose not to require individuals to register as sex offenders during sentencing.

It is important to note that an expungement does not erase a criminal record but rather opens the criminal case and removes the plea or verdict. Additionally, some registered sex offenders are not subject to public disclosure under state law and are therefore not included on the Megan's Law website. If you believe any information on the site is in error, you can contact a police or sheriff's department or the Department of Justice.

The expungement process

In California, getting removed from the sex offender registry is never automatic. However, there are two options under California law in which you may apply to be removed from the Megan's Law website.

The first step in the expungement process is to determine your eligibility. Not all offenders will qualify for expungement, and it is important to speak with an attorney experienced in record cleaning to understand your options. Factors such as the nature of the offence, the time that has passed since the conviction, and the individual's behaviour during that time will all be considered.

The next step is to gather the necessary documentation and complete the required forms. This may include obtaining a copy of your criminal record, filing a petition for expungement, and providing character references or other supporting documentation. It is important to ensure that all the information provided is accurate and complete.

Once the petition for expungement is filed, a hearing will be scheduled, and you will have the opportunity to present your case to a judge. The judge will consider the facts of your case, the impact of the conviction on your life, and any evidence of rehabilitation or good behaviour. It is important to note that an expungement does not erase your criminal record but involves opening your criminal case and removing the plea or verdict through the process of expungement.

If the judge grants the expungement, your criminal record will be sealed, and the public will no longer have access to that information online. This can relieve you of some of the public scrutiny and negative consequences associated with having a criminal record. However, it is important to be aware that the expungement process can take time, and your record may still appear on background checks for up to a year after it is expunged.

In some cases, additional steps may be necessary to fully restore your rights and privileges. This may include obtaining a Certificate of Rehabilitation or a Governor's Pardon, which can provide further relief from the burden of a criminal conviction.

Certificate of Rehabilitation

A Certificate of Rehabilitation is a certified court document declaring that a person has been sufficiently rehabilitated. It is a way for registered sex offenders to be removed from the Megan's Law website and/or get off their sex registration obligation.

To apply for a Certificate of Rehabilitation, an individual must meet the following requirements:

• Any person convicted of a felony and sentenced to California State Prison.
• If that person was released on completion of the term or on parole.
• An individual serving on parole may file his notice of intention any time after one year from the date of release on parole.
• If that person has not been in prison, jail, detention facility, or other punishable institution since being released.

The court will then decide whether the applicant has satisfied the requirements by referring to Cal Pen Code § 4852.05:

> The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit good moral character, and shall conform to and obey the laws of the land.

The benefits of receiving a Certificate of Rehabilitation include:

• Ending the obligation to register as a sex offender under California's Megan's Law.
• The individual may not be denied a professional or business license solely based on their felony conviction.
• The certificate may preclude a party at trial from impeaching a person's credibility by introducing the prior felony conviction.
• The certificate is immediately reported to the Department of Justice by the court, which then transmits those facts to the Federal Bureau of Investigation in Washington, D.C.

Governor's Pardon

In the United States, a pardon can only be granted by an Executive of the government. In the case of the Federal government, that means the President of the United States, and in fact, the President has the right to pardon individuals as denoted explicitly in the U.S. Constitution. However, for offenses against the state, the right of Presidential pardon does not apply, and the power of pardon rests with the Governor. To get a pardon in a particular state, you will generally need to receive a Governor's pardon. However, in some states, the Governor's wishes may not be sufficient to earn a pardon, and an agency like the parole board may be in charge of pardons, deciding independently or in conjunction with the governor.

A pardon is not the same as an expungement. While a pardon does not erase the crime you committed, it does put it on record that you have been forgiven for the crime. If you are still serving a criminal penalty such as a prison sentence, that penalty is no longer in effect, and you will be released immediately. Any restrictions placed on ex-convicts do not apply to the pardoned person. However, a pardon does not erase a conviction, and the conviction remains on your criminal record and must be disclosed in any situation where information about past criminal activity is required.

In California, someone convicted of a crime in a state court can apply to the Governor for a pardon. There is no right to a pardon, and the Governor is not required to consider a pardon. The Governor cannot pardon convictions from other state or federal courts. If you have more than one felony conviction, the Governor cannot grant a pardon without the approval of the California Supreme Court. Pardons involving sex crimes are extraordinarily rare. For many sex offenses, there must be "extraordinary circumstances".

If you don't qualify for a Certificate of Rehabilitation or don't have one, you can apply to the Governor directly for a pardon. You will also need to give the District Attorney notice of your application. The Governor's Office may then refer the application to the Board of Parole Hearings, which does an investigation and sends its recommendation to the Governor.

In California, getting removed from the sex offender registry is never automatic. Under the 2020 law SB 145, California judges can choose not to require someone to register as a sex offender. Judges decide whether to impose sex offender registration requirements during sentencing. You may be eligible to remove your name from the Megan’s Law website even if you still have to register.

Privacy concerns

Megan's Law, enacted in 1996 as an amendment to the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Act, has been a subject of debate concerning privacy rights. The law, named after Megan Kanka, a seven-year-old girl who was sexually assaulted and murdered by a known sex offender, requires all states to maintain a list of convicted sexual offenders and make specific details about them publicly available. This includes offenders' names, photos, addresses, and the specifics of their crimes.

While some argue that Megan's Law is crucial for transparency and preventing further incidents, critics have expressed concerns about the potential for stigmatization, harassment, and difficulties in the rehabilitation and reintegration of offenders. The public's access to registry data has been cited as a possible trigger for vigilante justice and the creation of obstacles that hinder offenders from rejoining society.

The California Sex Offender Registration Act, also known as Megan's Law, exemplifies these privacy concerns. The law allows anyone to access sex offender information through the California Attorney General's website, including physical descriptions and aliases. This lack of privacy can lead to humiliating situations and negatively impact individuals' perceptions when moving to new areas, applying for housing, or seeking employment.

To address these concerns, California law provides two options for removal from the Megan's Law website, even if an individual is still required to register as a sex offender. Judges can choose not to mandate sex offender registration during sentencing, and individuals can apply for removal from the website, improving their privacy and reducing the potential for negative consequences.

Frequently asked questions