Certificate of Rehabilitation now includes oral copulation with minor (PC 4852)

By: Wallin & Klarich

A recent Court of Appeal decision has expanded the effect of a Certificate of Rehabilitation. Under old law regarding 290.5 of the California Penal Code, a Certificate of Rehabilitation could not absolve your obligation of sex registration under Penal Code 290 if convicted of a 288a (b)(1), oral copulation with a minor 16 or 17 years old. You needed a Governor’s Pardon to stop your obligation from registration. Under the recent case of D.M vs. Department of Justice, if a superior court judge grants a Certificate of Rehabilitation under 4852 of the California Penal Code, it will eliminate your obligation from sex registration without the need for a Governor’s Pardon. The Court cited People v. Hofsheier (2006) 37 Cal 4th 1185 in its ruling which had invalidated mandatory application of the registration requirement for a violation of section 288a (b)(1).

At Wallin and Klarich, we have been effectively and aggressively defending people accused of sex crimes. Our firm has been helping many people to get off the sex registration list either by fighting the conviction itself or by seeking relief in filing for a Certificate of Rehabilitation or a Governor’s Pardon.

With over thirty years of experience our sex registration lawyers will protect your rights and do everything possible to raise a viable and effective defense to these charges. If you or a loved one is facing sex crimes charges in Southern California immediately contact the offices of Wallin & Klarich. Call us at 888-280-6839. With offices in San Bernardino, Riverside, Los Angeles, Ventura, San Diego, and Orange Counties, We will be there when you call.

Posted In: Clearing Your Criminal Record