Orange County - On May 5 a new law authored by Orange County District Attorney Tony Rackauckas and Supervisor Shawn Nelson banning all registered sex offenders from county beaches, parks and other recreation areas went into effect. Orange County Sheriff Sandra Hutchens will not be granting any exemptions to a new county law saying, "the is the law."
Critics say the new law doesn't distinguish between low-level sex offenders and more dangerous predators and will be unable to survive legal challenges.
Despite this DA Rackauckas is pushing every city in Orange County to adopt similar measures if they aren't already on the books.
The Irvine City Council plans to discuss their measure on Tuesday, and Hutchens and Rackauckas are scheduled to be at the meeting.
Westminster has also scheduled a hearing this month on the issue.
If registered sex offenders are caught breaking this law they face a misdemeanor charge and fines up to $500.
Orange County sex crimes defense attorney Michael L. Guisti says if time has past since the offense low-level sex offenders should consider getting an expungement.
Expungement means, according to Irvine criminal attorney Guisti, your record is sealed and that when you apply for most jobs or for housing, you don't have to disclose that you have been convicted, arrested or charged. When a person is arrested, that person gets a criminal record. At a minimum, there is a record of an arrest. If the person is later convicted, then the person has a record of both an arrest and a conviction.
As one promenade Orange County sex crimes defense lawyer explains, in our increasingly uptight, paper trail happy society your past can affect decisions of insurance companies, landlords, adoption agencies, prospective creditors and professional licensing boards.
Once expunged a person or company doing a background check through local authorities, Orange County Sheriff's Department or through the FBI will receive a response that there is "no record," according to Attorney Guisti. Additionally, after you expunge your criminal record, you are legally entitled to state that the arrest or conviction never happened.
In this case if cities or counties decide to pass laws banning registered sex offenders from certain places having your record expunged would allow you to travel freely without worry of breaking local laws.
The question always asked at attorney Michael L. Guisti's law office is, "when can I get an expungement?" The answer is, if you have a felony you must wait until at least three years from the time you are off probation, parole or straight release from prison, and after all court costs and fines, restitution or community service has been paid or completed.
If you're looking to expunge a misdemeanor you must wait at least one year from the time you were convicted.
The next question is, "will I get an expungement for sure?" The short answer to that, according to attorney Michael L. Guisti is, not everybody will qualify for it. The reason being a prosecutor may object and the final decision is up to the judge, which is why it's important to have a lawyer prepare your case and go to court for you.
If you're past is holding you back and you need and expungement call the Law Offices of Michael L. Guisti right away at 714-530-9690.
The Irvine criminal defense attorneys at Law Offices of Michael L. Guisti can help you get an expungement, because our legal experts know the Orange County court system.
We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.
