Doe

Doe v. Brown

Good Law
177 Cal. App. 4th 408·2009 Cal. App. LEXIS 1479·99 Cal. Rptr. 3d 209
Court of Appeal of CaliforniaSeptember 3, 2009D053982California4,502 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

Pursuant to Penal Code section 1203.4, a person who commits an offense and who subsequently fulfills all of the conditions of a grant of probation is generally entitled to be released from “all penalties and disabilities” resulting from that offense under the circumstances specified in that section. However, pursuant to section 290.007, “Any person required to register pursuant to any provision of the [Sex Offender Registration Act (§ 290 et seq.)] shall register in accordance with the [Sex Offender Registration Act], regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4 . . . .” Further, pursuant to provisions contained in section 290.46 (Megan’s Law), the Department of Justice (the Department) is required to make available to the public on the Internet, “information concerning persons who are required to register” pursuant to the Sex Offender Registration Act. (§ 290.46, subd. (a)(1).)

In this appeal, we must determine whether, in light of these statutes, a sex offender who has obtained the relief provided in section 1203.4 remains subject to the Internet publication provisions contained in section 290.46. We…

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