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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21882
Experience:  Handle criminal matters in both state and federal courts.
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do i need to follow penal code 290 requerments if i recived

Customer Question

do i need to follow penal code 290 requerments if i recived a certificate of rehab in 1996 for penal code 289 h.and if not what should i do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

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 for
an offense not listed in paragraph (2), upon obtaining a certificate
of rehabilitation under Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3, shall be relieved of any further duty to
register 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, upon
obtaining a certificate of rehabilitation under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3, shall not be
relieved of the duty to register under Section 290, or of the duty to
register under Section 290 for any offense subject to that section
of which he or she is convicted in the future, if his or her
conviction is for one of the following offenses:


(A) Section 207 or 209 committed with the intent to violate
Section 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) of
Section 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 that
the 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, provided
that 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 Section
289, 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 in
this paragraph.
(U) The statutory predecessor of any of the offenses specified in
this paragraph.
(V) Any offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses specified
in this paragraph.
(b) (1) Except as provided in paragraphs (2) and (3), a person
described in paragraph (2) of subdivision (a) shall not be relieved
of the duty to register until that person has obtained a full pardon
as 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 of
Section 647.6.
(3) The court, upon granting a petition for a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3, if the petition was granted prior to
January 1, 1998, may relieve a person of the duty to register under
Section 290 for a violation of Section 288 or 288.5, provided that
the person was granted probation pursuant to subdivision (c) of
Section 1203.066, has complied with the provisions of Section 290 for
a continuous period of at least 10 years immediately preceding the
filing of the petition, and has not been convicted of a felony during
that period.

 

 

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21882
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 10 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Relist: I still need help.
what about sec Q ?
Expert:  Samuel II replied 5 years ago.

hi

 

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 -

Customer: replied 5 years ago.
yes it was a felony however i recived cor in nov 1996 and what i need to know is what the law was then for droping the 290 requirment
Expert:  Samuel II replied 5 years ago.

hi

 

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 Archives
1020 "O" Street
Sacramento, 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: csllaw@library.ca.gov

(NNN) NNN-NNNN/p>

 

explain that you want to have a copy of PC 290.5 as it would be enforceable in 1996.

 

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