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Name: People v. Hamdon
Case #: A135982
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 04/24/2014

Appellant was not released from requirement to register as a sex offender when his convictions were set aside pursuant to Penal Code section 1203.4a. Appellant was convicted in 2007 of misdemeanor offenses, including a sexual battery (Pen. Code, § 243.4, subd. (e)(1)), and sentenced to a county jail term. He was required to register as a sex offender pursuant to Penal Code section 290. In 2009, after serving his jail term, appellant petitioned the court to set aside his convictions pursuant to section 1203.4a. The trial court granted the petition and set aside appellant’s convictions, releasing appellant from “all penalties and disabilities resulting from the offense.” In 2010, appellant petitioned the court to relieve him of the registration requirement. The trial court denied his petition. The appellate court affirmed the denial of the petition. Penal Code section 290.5 sets forth specific means by which a registrant may be relieved of this requirement, and does not refer to a dismissal under section 1203.4a. Also, section 1203.4a does not apply to the registration requirement because it does not purport to render the conviction a legal ity. The registration requirement is not a further punishment for the crime, but rather a restriction adopted to protect the public. Appellant could not obtain relief under section 1203.4a, but only by the means set forth in section 290.5.