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For conviction under 18, may also petition for termination at annual probation hearing until turning 22. Statutory rape conviction while under age 22 with probation sentence (where victim between age 15-17) : May petition for termination upon completion of probation. Statutory rape conviction while under age 22 with probation sentence (where victim between age 15-17) : Court may deny if denial is "in the best interests of justice or tends to ensure the safety of the public." A. Certificate of rehabilitation: Must not have been subsequently incarcerated. Removal from website: No conviction for certain listed offenses. Must reside in California for 5 years prior to application. Juvenile offenders: May petition for relief after discharge of sentence/disposition, unless court orders continuing registration. Relief not available for serious violent offenses/SVPs . Misdemeanor first offenders under 18 convicted of unlawful sexual behavior/indecent exposure may immediately move to be exempted from registration requirements. 20/10/5 year relief/Deferred adjudication/Juvenile offenders: No prior/subsequent sex offense conviction. Misdemeanor offenders under 18: No prior sex offense charges, no prior unlawful sexual behavior charges. Out of state convictions, see § 54-253(a) (until registration terminates in jurisdiction of conviction). Must "conform to and obey the laws of the land." § 4852.05. Certificate of rehabilitation: "The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land." § 4852.05. See § 16-17-103 ("A pardon issued by the governor shall waive all collateral consequences associated with each conviction"). *Registration period runs from release from custody (if level V custody) or effective date of sentence (level IV custody or below). Tier II/III misdemeanor offenders where victim was not under 13 (if offender was 18 or older at time of commission) may petition for relief immediately. Tier I offenders may petition for relief 10 years from last day of Level IV/V sentence, or from the date of sentencing if no IV/V sentence imposed. Tier II/III offenders may petition for redesignation and eventually reach a Tier I designation, though certain waiting periods and eligibility criteria apply. Unconditional pardon relieves registration obligations.
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Lifetime juvenile offenders: Court must be "satisfied by clear and convincing evidence that the juvenile sex offender is rehabilitated and does not pose a threat to the safety of the public." § 15-20A-34(h).
Court may consider nature of offense/employment and any other criteria. Residency: Court must find "by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future dangerous sexual offense or that the sex offender is not likely to reoffend." § 15-20A-23(g).
For more serious offenses, duty to register relieved only by [state] pardon. Removal from website: Exclusion available from Justice Department for certain less serious offenses.
Misdemeanor offenders under 18: Evaluator must recommend exemption based on best interest of offender/community. Court must determine by totality of circumstances that registration would be unfairly punitive and that exempting the person would not pose a significant risk to the community. Life/10 years, depending on offense/SVP status/recidivist status.