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  1. #1
    Join Date
    Feb 2007
    Posts
    4

    Default Re: Florida Access to Expunged California Record

    I have a question about a case. My father was convicted of a crime, it has to do with California penal code 647a. I have no idea what it was, or when it was. In fact, I don't believe anyone in my family knows. I just happened to be browsing the Megan's Law website and saw he was on there. This has been troubling me because next to his name it says annoy or molest children. Is there anyway I can find out what he did and was convicted of without him finding out that I know this dark secret? My dad has lead a successful life with 5 kids and 5 grandchildren, with none mentioning any type of behavior in which he is labeled as. Please help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Florida Access to Expunged California Record

    You appear to have the wrong statute:
    Quote Quoting California Penal Code 647a.
    (a) Any peace officer, as defined in subdivision (a) of Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any person, as quickly as is feasible, to the nearest homeless shelter, or any runaway youth or youth in crisis to the nearest runaway shelter, if the officer inquires whether the person desires the transportation, and the person does not object to the transportation.

    Any officer exercising due care and precaution shall not be liable for any damages or injury incurred during transportation.

    (b) Notwithstanding any other provision of law, this section shall become operative in a county only if the board of supervisors adopts the provisions of this section by ordinance. The ordinance shall include a provision requiring peace officers to determine the availability of space at the nearest homeless or runaway shelter prior to transporting any person.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Florida Access to Expunged California Record

    Somebody contributes that you probably meant Section 647(a):
    Quote Quoting California Penal Code 647
    Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

    (a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.

    * * *
    That could encompass a great deal of conduct. If you can determine the county where the conviction occurred, you should be able to have them pull the file from the criminal prosecution out of storage. (I'm assuming this was long enough ago that it will have to be retrieved from storage - check with the court clerk.) You can then read the file and will probably be able to figure out what was alleged to have happened.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,485

    Default Re: California Penal Code 647a

    The 647 sections have been shuffled, changed and overhauled several times in the last 15 years. It might be that the 647a listed as his conviction offense has since been changed to PC 647.6

    647.6. (a) (1) Every person who annoys or molests any child under
    18 years of age shall be punished by a fine not exceeding five
    thousand dollars ($5,000), by imprisonment in a county jail not
    exceeding one year, or by both the fine and imprisonment.


    (further details of the statute can be found at the linked section)


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Feb 2007
    Posts
    4

    Default Re: California Penal Code 647a

    Why does section 647(a) on the Megan's law website state that it means to "annoy or molest children"? But what you posted is completely different. Could the website have made a mistake? The incident happened in Yuba County in California

  6. #6
    Join Date
    Feb 2007
    Posts
    4

    Default Re: California Penal Code 647a

    Thank you Carl, it all makes sense now as far as the code shuffleings go. How can otain if and how or when he was accused of this? This is surely something my mother would have brought up if she knew. And how could he avoid jail time if he in fact did molest a child? What does annoy signify anyways? I'm just trying to get a better understanding of this whole mess and you great people are the only thing giving me a peace of mind. On another note on the Megan's law website, it says section code formerly 647(a) which would mean the old version-"Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view." Not the current version-"to annoy or molest children" so if he was convicted of the previous code and not the current, how do I go about getting it corrected? If I can.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,485

    Default Re: California Penal Code 647a

    You couldn't. The code he was convicted under is the code he was convicted under. What they do is go back and look at the section as it was back when he was convicted, and that is the criteria they use to evaluate the information. The DOJ cannot go back and ask the court to amend his conviction to the current code section. In fact, if they did this for every convicted individual in the state, it could be an expensive proposition every few years when/if they modify the Penal Code.

    If PC 647(a) was the "annoy or molest a child" section back when he was convicted, then it has since been re-numbered to PC 647.6. There is nothing that can realistically be done about amending this. Since (I believe, off the top of my head) PC 647.6 is registrable, and 647(a) is not, I am assuming that this restructuring is what happened.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Feb 2007
    Posts
    4

    Default Re: California Penal Code 647a

    Ok, Carl, I have found out the information I needed, basically, my father, who is convicted of this crime, was unjustly convicted. The story goes as this; my father was seeing a woman and she already had four kids, she got pregnant from my father and was going to have an abortion, my father convinced her not to, and married her instead. My father being very strict, also became strict with her 4 children. Her parents and grandparents agreed with this form of parenting. She on the other hand did not, so she had a plan to get rid of him. Four years after my half sister was born, and seeing how she and her previous four children weren't enjoying life with my dad, she came up with a plan to get rid of him. She told her then 13 year old daughter to fall on the ground and when my dad was to help her up, to go ahead and claim he grabbed her breast. At this point, my father was arrested.

    HER grandparents put their home up in order to bail him out of jail as they knew this was a false accusation. Later they were forced to pull out of that deal because she told them they wouldn't be allowed to see their grandkids if they didn't. The judge ordered my dad to three years probation and upon completing this, these records would be sealed from the public forever. Obviously, Megan's Law changed all of that. My half sister and other three siblings have no idea of any of this because my mother whom my dad met years later told him not to tell us. But I found out, and am the only child of his that knows the truth.

    The county clerk and judge have said my dad shouldn't be on this list because of all the circumstances surrounding the case, but Megan's Law is the Law, and for the most part I agree. I hate child molesters, but clearly my dad was falsely accused and everyone agrees to that. Including the lady that put him in this situation, five years later after the incident she let my father take my half sister (9 years old at the time) to his native Nicaragua and then allow her to live with him. No mother in her right mind, would allow her daughter to leave with a man who supposedly molested one of her other daughters. So now, I ask you this, how can I get my father, who is an upstanding citizen, who besides that incedent has never had a problem with the law, how can I get him to be pardoned off the list? As only the Govenor can pardon him.

    This was clearly in everyone's eyes at the time, an inappropriate use of justice, she lied to get rid of my father and keep the custody of their child. Please help with what ever you can. Thanks. I can't think of anyone who wouldn't trust my dad with their kids, he is a highly respected individual. He loves helping the community, please help me in any way you can to fix this horrible crime against him before he passes.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,485

    Default Re: California Penal Code 647a

    To obtain a pardon he would need to employ an attorney that handles such things. There may be another way to get off the list, but I am not sufficiently knowledgeable of the ins and outs to know all the possibilities.

    Because this is the story YOU are told does not mean that is the story that will hold up. This might require the girl in question testifying before a court that she lied - at mom's insistence - to get step-dad in trouble.

    The biggest kink in the plan may well be HOW the conviction came about. If he entered into a plea deal where he admitted guilt, then he may well be hosed. If he entered into a plea deal which involved a "no contest" plea, he may be in a slightly better position. Again, an attorney who specializes in this kind of record clearance might be advisable.

    Find and contact your local county bar association and ask for assistance in seeking an attorney that can help your father.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Apr 2007
    Posts
    2

    Default Re: California Penal Code 647a

    While you're in the process of having the conviction reversed or pardoned, you may petition to have his name removed from the Megans Law internet list. There is an exception for persons convicted under a misdemeaor count of 647.6 (formerly 647(a)) on the application for removal form SS-4046D. It's available on the California Megans Law website, here is the url:

    http://www.meganslaw.ca.gov/pdf/Application.pdf

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