The Law Offices of David A. Welch

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PC 290 – Sex Offender Registration

Under California law, individuals convicted of specific sex crimes must register as a sexual offender pursuant to California Penal Code Section 290 et seq. The California Department of Justice maintains the registration database. The information stored in the database is not only used to provide law enforcement with a registrant's biographic data but it is also used to updated publicly accessed notification databases such as meganslaw.ca.gov.

Regardless of whether the convicted person was sentenced to a state prison term, local jail, committed to a mental institution or simply given probation without any custody, upon his or her release or sentencing date, which ever comes sooner, the sex offender is required to almost immediately update his registration information with local law enforcement.

In addition to the initial registration, usually completed while the offender is still incarcerated, or the follow up registration when the individual is release from custody, a sexual offender is required to annually update their information within five days of the registrants birthday. In the event that the registrant is transient, the time given for which they must update their information is accelerated to every thirty days. Further, sexually violent predators are required to register every ninety days. Finally, any required registrant who changes his resident address or becomes homeless is required to update his information with the local law enforcement agency within five days. Because the DOJ's database and tracking system independently monitors all registrant report dates, a registrant who fails to comply is instantaneously deemed in violation and subject to a warrant and arrest.

It is important to understand that not all sex offenders will have their photos and information shown on a website. Even though a registrant is required to observe all registration requirements to local law enforcement and the DOJ, he or she may be excluded from having there data and image posted on the web. To accomplish this, the eligible registrant must complete and submit an “exclusion” request form. Some of the offenses, which are excludable, include felony sexual battery by restraint and felony child pornography, child molestation as a misdemeanor, and any crime, which did not involve penetration or oral copulation, the victim, was the child, stepchild, grandchild or sibling of the registrant. For a complete list of excludable offenses, contact Attorney David A. Welch. As a criminal defense attorney, he has successfully defended against registration violations and will be happy to meet with you and discuss your specific situation.

On May 13, 2011 the Los Angeles Times article accurately portrayed a newly enacted Orange County ordinance, which prohibits registered sex offenders from visiting public parks and beaches. The article went on to say that the force behind the county wide ordinance, District Attorney Tony Rackauckas after the passing of his ordinance, then urged city leaders for all cities within Orange County to enact there own city ordinance which would mirror that of the counties. This was necessary because the county of Orange has no jurisdiction over city owned parks and beaches. David A. Welch. a successful criminal defense attorney who practices in Los Angeles, Inland Empire and San Diego County takes and unmovable stance against such ordinances and is prepared to argue the constitutionality of such ordinances.

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