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the following is the section of CA law that explains how a COR works to the advantage of not having to register and who is covered for non-registration once the COR is obtained. and as you can see, section 289 only includes (i) or (j) and not (h) - the crime for which you were convicted; therefore, you need to make sure your COR is on record at the court house and then deliver a copy to the office where you register with a copy of this law and explain that you no longer need to register - see the law below at letter (R)
290.5. (a) (1) A person required to register under Section 290 foran offense not listed in paragraph (2), upon obtaining a certificateof rehabilitation under Chapter 3.5 (commencing with Section 4852.01)of Title 6 of Part 3, shall be relieved of any further duty toregister under Section 290 if he or she is not in custody, on parole,or on probation. (2) A person required to register under Section 290, uponobtaining a certificate of rehabilitation under Chapter 3.5(commencing with Section 4852.01) of Title 6 of Part 3, shall not berelieved of the duty to register under Section 290, or of the duty toregister under Section 290 for any offense subject to that sectionof which he or she is convicted in the future, if his or herconviction is for one of the following offenses:
(A) Section 207 or 209 committed with the intent to violateSection 261, 286, 288, 288a, or 289. (B) Section 220, except assault to commit mayhem. (C) Section 243.4, provided that the offense is a felony. (D) Paragraph (1), (2), (3), (4), or (6) of subdivision (a) ofSection 261. (E) Section 264.1. (F) Section 266, provided that the offense is a felony. (G) Section 266c, provided that the offense is a felony. (H) Section 266j. (I) Section 267. (J) Section 269. (K) Paragraph (1) of subdivision (b) of Section 286, provided thatthe offense is a felony. (L) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),(f), (g), (i), (j), or (k) of, Section 286. (M) Section 288. (N) Paragraph (1) of subdivision (b) of Section 288a, providedthat the offense is a felony. (O) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),(f), (g), (i), (j), or (k) of, Section 288a. (P) Section 288.5. (Q) Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section289, provided that the offense is a felony. (R) Subdivision (i) or (j) of Section 289. (S) Section 647.6. (T) The attempted commission of any of the offenses specified inthis paragraph. (U) The statutory predecessor of any of the offenses specified inthis paragraph. (V) Any offense which, if committed or attempted in this state,would have been punishable as one or more of the offenses specifiedin this paragraph. (b) (1) Except as provided in paragraphs (2) and (3), a persondescribed in paragraph (2) of subdivision (a) shall not be relievedof the duty to register until that person has obtained a full pardonas provided in Chapter 1 (commencing with Section 4800) or Chapter 3(commencing with Section 4850) of Title 6 of Part 3. (2) This subdivision does not apply to misdemeanor violations ofSection 647.6. (3) The court, upon granting a petition for a certificate ofrehabilitation pursuant to Chapter 3.5 (commencing with Section4852.01) of Title 6 of Part 3, if the petition was granted prior toJanuary 1, 1998, may relieve a person of the duty to register underSection 290 for a violation of Section 288 or 288.5, provided thatthe person was granted probation pursuant to subdivision (c) ofSection 1203.066, has complied with the provisions of Section 290 fora continuous period of at least 10 years immediately preceding thefiling of the petition, and has not been convicted of a felony duringthat period.
section "Q" , as i interpret it pertains to and refers back to section 289(h) as you were convicted - however, it may not have been a felony at the time of your conviction - so you need to check on that - i am not sure you would have gotten the COR if it was -
yes, i agree that is what you will need to ascertain. however, that will not be online - what you can do is contact the CA general assemble legislative services through the state archives and they can research that for you and promptly give you that information.
California State Archives1020 "O" StreetSacramento, CA 95814
Reference Desk:(NNN) NNN-NNNN
General Information:(NNN) NNN-NNNN
or you can also try the California State Library, Witkin State Law Library, P.O. Box 942837, Sacramento, CANNN-NN-NNNN e-mail: [email protected]
explain that you want to have a copy of PC 290.5 as it would be enforceable in 1996.
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