Adler v. Brown
In September 2004, Harold Joseph Adler was informed by the California Department of Justice that he is required to register as a sex offender based on a 1984 conviction for the distribution of child pornography that was dismissed pursuant to Penal Code section 1203.4 following Adlers successful completion of probation. Adler thereupon successfully sought a declaration that he need not register for the commission of what is now a registerable offense but was not so when he committed the offense or when his conviction was expunged under section 1203.4. The superior court entered a permanent injunction prohibiting Adlers prosecution for failing to register. The Attorney General appealed, and during the pendency of the appeal there have been several amendments to the relevant provisions of the Penal Code. We conclude that under current section 290, subdivision (a)(2)(F), Adler is subject to the sex offender registration requirements unless and until he obtains a certificate of rehabilitation under section 290.5. This interpretation of the statute does not violate the ex post facto provisions of the state or federal Constitutions on the basis urged by Adler. Accordingly, Court reverse the judgment.
Comments on Adler v. Brown