Getting Removed From the Megan’s Law Website in California

Last week, we wrote about certificates of rehabilitation, which relieve you from having to register as a sex offender.

As you may know, California publishes information from its sex-offender registry on a public website. The information includes your name, gender, date of birth, ethnicity, photograph, physical description, and relevant conviction. It also includes your home address or your county and zip code depending on the conviction. For violent or otherwise serious offenses, including those against children, it gives your home address. For somewhat less serious offenses, it gives your county and zip code, but if you have priors, that can change.

In a few cases, even if you can’t end or avoid registration, you can remove yourself from the public website. To do it, you have to apply directly to the California Department of Justice, and you can find the application form here.

To qualify, the state must regard you as a low risk for reoffending, and your only registry-related convictions must be for the following:

  1. felony sexual battery by restraint under Penal Code section 243.4(a);
  2. misdemeanor annoying or molesting a child under Penal Code section 647.6;
  3. some felony child-pornography offenses if all minors were 16 years of age or older; or
  4. an offense for which you’re on probation or have successfully completed probation, where you’re the victim’s parent, sibling, stepparent, or grandparent, and it didn’t involve oral copulation or sexual penetration.

If you qualify, the government must grant your exclusion. By the way, don’t go searching the Megan’s Law website yourself; it’s a misdemeanor.

Certificates of Rehabilitation in California

A certificate of rehabilitation is a court order that declares your rehabilitation to the world. It also automatically recommends you to the governor for a pardon. If you’re not eligible for an expungement, you can still clean up your record through a certificate of rehabilitation. Or you may want to apply for one even though you’ve already expunged your conviction.

Like an expungement, a certificate of rehabilitation will bring better job prospects and a better chance at getting a professional license. Unlike an expungement, it won’t allow you to say that you have no conviction.

But also, unlike an expungement, a certificate of rehabilitation can relieve you from having to register as a sex offender. The court will deny it, however, if it finds you’re a continuing threat to minors. Or the district attorney’s office can petition to rescind it on that ground.

To qualify, you must show that you live “an honest and upright life” and have demonstrated rehabilitation for a number of years after you were released from custody or put on probation or parole. You can’t still be under supervision, and the number of years depends on the nature of your conviction. In a nutshell, it’s nine years if you were convicted of a serious violent crime; ten years if you were convicted of most sex offenses that require sex-offender registration; and seven years for anything else. You also must prove that you’ve lived in California for at least five years before you filed your petition.

Who’s ineligible? Well, you’re not eligible if you don’t meet the above criteria. But you’re also ineligible if you were convicted of a serious sex offense involving a minor. If that’s the case, you can still ask the governor directly for a pardon, but you’ll need to show extraordinary circumstances to get it. Finally, you’re not eligible for a certificate of rehabilitation if you were convicted of a misdemeanor, unless it was a sex offense that required registration.

How do you do it? You can find more information from the governor’s office here, and you can pull the appropriate forms from your local courthouse, public defender, or probation department. The court may even appoint counsel to represent you. Or, if you can afford it, retain counsel to make the best case for you.

Expunging Criminal Records in California

It ain’t just for kids, after all. Anyone who’s eligible can petition to expunge a criminal conviction in California. Here’s what you need to know.

Like we explained last week, the term “expungement” is a misnomer because it doesn’t erase the conviction or wipe the slate clean. But that’s still how lawyers and judges will refer to it. Technically, it’s called a dismissal under Penal Code section 1203.4 or other such section. So you’re still going to have a rap sheet, in other words.

But it will add a line item to your rap sheet that shows the case was dismissed. If you had pleaded guilty before, the court will permit you to withdraw your plea. If you were convicted at trial, the court will set aside that verdict. Either way, the court will then dismiss the case.

In most situations, that means you can legally and truthfully say that you don’t have a conviction. That can help on a job application, for example, though the rule is different for public employers like law-enforcement agencies. In all situations, you can at least say that the conviction was dismissed, because it was.

Most employers aren’t even supposed to ask about convictions that have been dismissed, and they’re not supposed to rely on them in their decision-making. The exceptions include public employers like law-enforcement agencies.

Most licensing boards, on the other hand, can ask about them, and you should answer by disclosing both the conviction and the dismissal. They’re not supposed to deny a license basely solely on a conviction that has been expunged or dismissed.

You’re eligible to expunge a felony or misdemeanor if you were sentenced to probation or the county jail. If you successfully completed probation or had it terminated early then you are entitled to the dismissal. If you didn’t then you can still win if you can persuade the court of your rehabilitation. If you went to county jail on a felony then you’re eligible one or two years after the end of your sentence; it depends on whether you served a split sentence that included post-release supervision (one year) or a full sentence in jail (two years). Or, if you didn’t get probation on a misdemeanor then you’re eligible if it’s been over a year since you were sentenced, and you’ve completed that sentence and otherwise done well.

You’re not eligible if you were sentenced to state prison, unless you would go to county jail for the same offense today or the court suspended the execution of your prison sentence and put you on probation instead. You’re also not eligible for certain sex offenses involving minors, including child pornography or statutory rape if you were 21 or older and the minor was younger than sixteen.

So how do you do it? Here’s a guide from the official website of the California courts that can help you do it yourself. But you should check your own county’s rules and forms, too. Here’s the link for Orange County, for example. Or, if you can afford it, get a lawyer. He or she will navigate the process for you and help you put your best foot forward. Plus, you may not ever have to go to court yourself.

Expunging Juvenile Records in California

If you spent time in juvie, and you don’t qualify to seal your records, you can still petition to expunge your case.

If the court grants your petition, it will set aside the finding of guilt, dismiss the case, and release you from all penalties resulting from it. That’s what the statute says, anyway.

In reality, an expungement doesn’t erase the past or wipe the slate clean. It won’t seal your records and destroy them. It can’t spare you from registering as a sex offender. And if you pick up another case, the prior can be used against you as a strike or other enhancement.

But it’s still worth it because it reflects your rehabilitation and efforts toward it. Your rap sheet will no longer show a conviction as the last line item for the case. Instead, it will show the case as being dismissed. In most situations, you can legally answer that you don’t have a conviction at all. In all situations, you can at least say that the conviction was dismissed, because it was. That can improve your odds of getting that job, loan, housing, or license.

So it gives you a fresh start.

Sealing Juvenile Records in California

In the case we wrote about last week, a California court held that it wasn’t cruel and unusual punishment to require a minor to register as a sex offender for life.

The court noted, however, that a kid could be relieved of this requirement if he got his juvenile records sealed.

So how do you get your juvenile records sealed? Here are the basics in California.

If you are put on some form of probation or supervision, and you complete it satisfactorily, your records should be sealed automatically. That’s new under a law that went into effect in 2015. You can find more information about it here.

Otherwise, you have to petition the court to seal your records. To do that, you must be at least 18 years old or it must be at least five years since the end of your juvenile case. You can’t have a civil lawsuit pending against you because of the case, and you can’t have any adult criminal convictions except for certain misdemeanors. You must apply through the court’s probation department, and you can check this website to see whom to contact in your county. The court may hold a hearing, and it will grant your petition if it finds that you’ve been rehabilitated. That can happen even if you still owe fines, fees, or restitution. If the court denies your petition, you can try again later.

Generally, you’re not eligible at all if you committed an especially serious or violent offense when you were at least 14 years old. You can read more about that here and here.

But you may have a shot if you can persuade the court to dismiss your case based on a special motion that looks at your rehabilitation, your well-being, and the interests of justice. You may bring this motion no matter how long it’s been since your juvenile case ended, so talk to your lawyer. If you win the dismissal then you can petition to seal your records.

Once the court seals your records, your case no longer exists as a public record, and the proceedings are deemed never to have occurred. That means you can legally and truthfully say that you don’t have a juvenile record. Generally, the underlying records aren’t destroyed until you turn 38 years old, and they won’t ever be destroyed in the serious or violent cases. But they may be looked at only in limited situations, such as if you apply to work in the military, law enforcement, or the federal government.

 

Lifetime Sex-Offender Registration for Kids

Do you think sex-offender registration is punishment?

What if it’s for life?

What if it’s for a 12-year-old boy?

Last week, the California Court of Appeal ruled that it’s not punishment to call a kid a sex offender for life because of something he did when he was twelve years old.

According to the court, the boy’s early years were marked by extreme neglect and abuse. He was taken from his mother at age five and shunted from one foster home to another until he was adopted.

Then, when he was twelve, he was processed in juvenile court for pushing a five-year-old boy to the ground and committing a lewd act on him. He was put on probation and ordered to enroll in sex-offender treatment.

After that, he was found to have violated his probation three times: once for hanging out with other minors without adult supervision; once for touching his adoptive sister’s breast, after which he was sent to a group home; and once more for grabbing a boy’s butt there.

At that point, the court put him in juvie and ordered him to register as a sex offender. In California, that meant he would have to register as one for the rest of his life. Wherever he moved, he would have to register with the city police or the county sheriff. If he went to college, he would have to register there, too. Even if he never moved, he would have to register again every year within five days of his birthday.

He appealed on the ground that lifetime registration for kids was cruel and unusual punishment. He also argued that it hindered public safety rather than helped it because it hurt a kid’s chance to live a normal life. Even the juvenile court had acknowledged that it “mess[ed] up the rest of their lives by hanging this tag on them.” Of course, the same could be said for adults, as we’ve explained before.

But the appellate court held that it wasn’t even punishment, let alone cruel and unusual punishment. The court relied on prior cases by the California Supreme Court and the U.S. Supreme Court to that effect. Although those cases didn’t address the question of kids specifically, this court wasn’t going to be the first to carve out an exception for them.

No Correlation Between Drug War and Use

According to an independent, well-regarded think tank, there is statistically no reason to think that we can reduce drug abuse by locking more people up.

The nonprofit Pew Charitable Trusts spelled it out in a letter this summer to a federal commission that’s looking at ways to combat the widespread problem of opioid abuse.

Its study, which drew on data from the federal government and all fifty states, found no statistically-significant relationship between a state’s rate of incarceration and its rate of drug use, drug arrests, or overdose deaths.

Put another way, locking up more people didn’t correlate with lower rates of drug use, drug arrests, or overdose deaths. These findings held even when the study controlled for race, income, unemployment, and education. The arrest and incarceration rates came from state corrections departments and the U.S. Justice Department. The drug-usage rates came from an annual, national survey funded by the U.S. Department of Health and Human Services. The overdose-death rates came from the Centers for Disease Control and Prevention. The demographic data came from the U.S. Census Bureau, and the income and unemployment data came from the U.S. Labor Department.

The more effective response to opioid abuse, says the letter, is a combination of law enforcement to curb drug trafficking; sentencing alternatives to divert nonviolent people from costly imprisonment; treatment to reduce addiction; and prevention efforts like prescription-drug monitoring programs, which we wrote about last week.

The CURES For What Ails You

Speaking of prescription drugs, almost every state now has a prescription-drug monitoring program (or PDMP). The goal is to curb prescription-drug abuse by discouraging pill-pushing and doctor-shopping. So whether you’re a patient or provider, you should pay attention because law enforcement and licensing boards are watching.

In California, for example, the program is called CURES: the Controlled Substance Utilization Review and Evaluation System. By law, pharmacies must report to CURES every prescription for a Schedule II, III, or IV drug within seven days of dispensing it. And pretty soon, under a law passed last year, doctors will be required to check CURES before prescribing such drugs to a patient for the first time and every four months after that during treatment.

Last week, the California Supreme Court ruled that the California Medical Board could freely access CURES at any time. It didn’t need to get a warrant or show good cause beforehand. The doctor who was being investigated argued that this violated the privacy of his patients. But the Court held that, on balance, the Board’s access was justified by the need to protect the public from drug abuse and protect patients from impaired or negligent doctors.

Even if your state’s law is different, remember that federal law remains supreme. Last month, a federal court decided a case in which the Drug Enforcement Administration (DEA) subpoenaed data from Oregon’s PDMP. Unlike California’s program, Oregon required all agencies—even federal ones—to get a court order before it would respond to a subpoena. It sued to compel the DEA to comply with its law, but it lost. Federal law authorizes the DEA to issue subpoenas on its own, so Oregon couldn’t force it to follow state law.

Feds Arrest Hundreds in Healthcare Raids

Last week, the federal government conducted nationwide raids of healthcare providers and facilities based on $1.3 billion in allegedly false billings.

In one day, the feds arrested 412 people in a coordinated takedown that netted 115 doctors, nurses, and other licensed professionals. The government also brought legal action to exclude 295 providers—including doctors, nurses, and pharmacists—from further participating in federal healthcare programs.

The government says the defendants schemed to defraud Medicare, Medicaid, and Tricare, which is the health-insurance program for veterans, servicemembers, and their families. It alleges that defendants billed for prescription drugs and other treatments or services that were medically unnecessary or never even provided.

The raids were spearheaded by the Department of Justice (DOJ) and the Department of Health and Human Services (HHS). Here’s DOJ’s press release about it, and here’s a factsheet by HHS that tallies up the numbers. The raids were concentrated in Florida, Texas, Michigan, California, Illinois, New York, Louisiana, and Mississippi. But they also captured targets in over two dozen other states across the country.

Our Federal Prisons Are Fueled By Drugs

That’s the takeaway from this report by the federal courts and U.S. Sentencing Commission.

To summarize, there are almost 200,000 people in federal prison today, and almost half of them (or 48%) are there for drugs. Almost all of them (93%) are men, and the vast majority are young, minority men. The breakdown is 35% Hispanic, 35% black, and 27% white.

Here are the top five types of cases:

  1. Drugs (48%)
  2. Guns (19%)
  3. Immigration (8%)
  4. Child pornography and sex offenses (7%)
  5. Major frauds (5.8%)

For fraud cases, the median dollar loss was $800,000, in case you were wondering.

For the drug cases, here’s the breakdown among drugs:

  1. Methamphetamine (32.8%)
  2. Powder cocaine (24.2%)
  3. Crack cocaine (20.9%)
  4. Heroin (9.5%)
  5. Marijuana (8.4%)

Finally, the report shows how often people are sentenced below, above, or within the range that’s recommended by the federal sentencing guidelines. Here’s a crash course on the guidelines if you want to know how they work.

  • Half were sentenced within the guideline range (50.4%)
  • A quarter were sentenced below the range with the government’s support (24.7%)
  • One-fifth were sentenced below the range without the government’s support (21%)
  • Relatively few were sentenced above the guideline range (3.9%)

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