Sex Offender

Why can't CS find the underlying conviction for a registered sex offender?

While CS strives to provide the underlying conviction that led to an individuals listing on the registry, there may be scenarios where that’s not possible or the information cannot be reported.

Individuals can be placed on the sex offender registry for cases tried outside of the civilian criminal court. The offender may have been tried in juvenile court or in military court and the court records from these proceedings are likely not available. In these instances CS can report that the individual is currently a registered sex offender; however, any details of the conviction that may appear on the registry will not be included in the report. 

Can an individual be on the registry but not on the public website?

Yes. Depending on the circumstances, some areas do not make all offenders available on the public website. This can sometimes occur for if the individual was a juvenile when the offense occurred or is considered a lower level sex offender. CS searches the publicly available sex offender registrires

Is it true that CA employers can't use sex offender information for employment decisions?

Yes and No.  California’s Megan’s law does prohibit the use of Sex Offender registry information in employment decisions; however this prohibition is lifted to “protect a person at risk”. “Person at Risk” is not defined in the law and employers will need to use a common sense approach in evaluating if the applicant will be working with or have access to a “person at risk” during the regular course of their work

Can CS report a sex offender in CA if the conviction is more than 7 years old.

Yes. The report will only note that the applicant is currently a registered Sex Offender and will not include details of the conviction that led to the registry. Precedent was set for the reporting of this information in 2010 when the CA Court of Appeals ruled in Mendoza v. ADP Screening.

Updated on December 15, 2020

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