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Sex offender status

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joewillwerth

Junior Member
What is the name of your state (only U.S. law)? Arizona
I was accused of indecent exposure and spent 4 months in jail waiting to go to trial, when I was told it would be another 2-2 1/2 months, I decided to sign a plea agreement,BIG mistake, but the bills needed to be paid, Long story short,when all was said and done, I got 5 years probation, understandable considering the charges. Now the judge stated in court, on record, during my sentencing, that there would be NO sex offender status in my case, that there was no reason to destroy my life.
First day to see my probation officer and it was a nightmare, took all I had to stay civil towards the woman, she insisted that I take a lie detector test,go to sexual psychoanalyzes, along with registering as a sex offender. I refused all and was promptly taken back to court for violation of probation. I had the case taken back to the original judge and lawyers and it was all thrown out with the judge again stating that there would be NO sex offender status in my case.
Well, somehow I was put on the sex offender website ( I assume it was my first PO that did that ) and am constantly being harassed by DPS to register as a sex offender, they say they have information about something in California from 25 years ago that requires me to register, I refuse, they threaten to arrest me if I don't, it's been 2 1/2 years now and they still havn't, my probation officer refuses to help them because she said she could be charged with contempt of court if she did. I have had enough. I have gotten evicted 2 times now due to my landlord being told I am a level 3 high risk offender (listed as attempted indecent exposure on the web site, level 3 high risk ??) I haven't had a job in 2 years, I send out 20 to 50 resumes a week, I am a machinist, I have yet to get a response from any of them because of the background check, I got a nervous call from my daughter back east because she googled my name and the first thing up was the sex offender web site address. I need help, I have no money, just getting by on unemployment and what odd job I can find here and there, I guess what I am getting at is, do I have a case to sue DPS or whoever is responsible and if so, will a lawyer take his pay out of what ever would be given as restitution?? Obviously there is more to the story than I can put here but any help at all, advise, whatever, would be greatly appreciated.
 


quincy

Senior Member
Joe, I question the wisdom of you using your real name here on the forum. You may wish to edit your post accordingly.

In California, where you were charged with indecent exposure/attempted indecent exposure, Penal Code 290 requires a lifetime registration on the sex offender list for a violation of Penal Code 314pc, this whether you are charged with a misdemeanor offense or a felony. Unless the registration element of your conviction was part of your plea deal with the prosecutor (ie. no registration if you plead guilty), then your registration on the list is legitimate.

If you believe that what the judge said in court regarding your sentencing on the indecent exposure conviction carries more weight than the law under which you were charged, it would be necessary to return to the Maricopa County Court with the transcript from the hearing and see if the Court's database and registry can be changed to reflect the judge's order.

There really is no good way to get your name removed from the list, based on your conviction, without the help of a criminal defense attorney. The attorney can review the plea deal you made with the prosecutor, review the transcripts from the hearing, and attempt to get your name removed from the registry based on the sentencing by the judge.

It appears that you have not updated the sex offender registry information to include your current Arizona home address, as may be required by the California law under which you were charged, and this may be a crime in itself and can lead to an additional one to three years in jail. Whether either Arizona or California requires you to update the registry by reporting your current Arizona address can be best asked of an attorney in your area.

I encourage you to seek the help of a criminal defense attorney. This is not something you can handle on your own. If money is an issue, see if you can borrow funds from your daughter or another family member or friend to cover the costs of the lawyer.

And, yes, it was probably not wise to sign a plea agreement to escape an additional two and a half months in jail. . . . having an attorney at that time would have been wise.
 
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Hot Topic

Senior Member
The person in charge of reviewing resumes expressed shock when she called me because she had gotten 200. It's possible that whoever is in charge of going over all of the resumes has simply chosen to go with the earliest ones received. I don't believe that companies do background checks on each person who sends a resume, and based on the results, decides to call or not call the applicant.
 
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