Losing Sex Offender Scarlet Letter After 16 Years to Return Man's Life, Claims Defense Lawyer

Categories: Court, Crime-iny
Orange County can be a pretty hostile place if you are a sex offender, witness the bans on pervs in parks the district attorney's office has pushed for and the personal information about parolees made public thanks to the likes of county Supervisor Todd Spitzer.

So, perhaps it is with some added gusto that a Tustin law firm is trumpeting a client getting his sex offender scarlet letter removed.

The unidentified fellow had been arrested and convicted in 1996 for misdemeanor indecent exposure after removing all his clothing and running around the front yard of his residence in an undisclosed Orange County city. (If I had a nickel for every time I . . . uh . . . moving on . . .)

That stupid act cost him 26 days in jail, three years of probation and fines. But a far worse penalty was having to register as a sex offender as the designation doubly penalized him by forcing him out of government-assisted housing he'd been living in for 47 years.

Stephen-D-Klarich.jpg
Stephen D. Klarich
After living as a registered sex offender for 16 years and looking at a lifetime as one, the man turned to Stephen D. Klarich, a founding partner with Tustin's Wallin & Klarich and a specialist in sex offender law. The first thing the lawyer did was refer the client to a psychologist, who conducted an examination and wrote a report claiming the man had been rehabilitated. The report was rolled into a petition for a certificate of rehabilitation that Klarich sought from Orange County Superior Court.

At a subsequent hearing involving Klarich's client and others seeking certificates of rehabilitation, the fellow who'd run around his yard nekkid was the only one to get a certificate that day, according to the lawyer.

Losing the sex offender tag, Klarich claims, has allowed his client to return to government housing, seek employment he'd previously been barred from obtaining and go on to live a productive life with his wife.

Just watch how you celebrate, buddy.

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14 comments
fixithair
fixithair

I'm an OC registered sex offender (misdemeanor not involving a child).  I went before a OC judge and was denied a cert. of rehab. after 10 years of registering.  Odd thing my offense took place in a salon (I'm a stylist) but the DA thought it okay for me to still work in a salon alone with women.  I even opened my own salon in 2006 in Newport Beach.  Was I a threat?  Not really, because after probation, therapy and time served "The Grinder" I've changed for good.  I even received a US Congressional award for community service for helping cancer patients and the homeless.  I wrote a disaster survival book in honor of those that died in Katrina.  Most of us registered sex offenders are good citizens just looking to get on with our lives and contribute to society in a positive way.  TRUTH

AnnaBobanna
AnnaBobanna

I thought all sex offenders were children rapers. Are they saying that a guy like this is treated just like them? That he cannot go to the Beach in the OC? And now he can? What sense does that make?

shellystow
shellystow

And yet some people over on the comment board of an article about the CA RSOL lawsuit against websites who post information and then extort money to remove the names would make the claim that every one on the registry deserves every bit of misery that can possibly be poured into their lives and that the safety of every man, woman, and child in the nation depends on them all staying on the registry for life.

The nekkid but registered-no-more gentlemen needs to see if his name is popping up on one of those black-market sites. Those don't de-register you until you've paid their blackmail, and sometimes not even then.

hmmmmmm
hmmmmmm

exactly what is the public safety benefit of anyone knowing that this guy streaked in his yard 16 years ago?

Penny
Penny

Unless this is a subversive advertisement for this law firm, this article leaves a lot of questions unanswered.... here is a little more information:

Only a very few of California's 100,000 lifetime registered sex offenders are eligible to petition off the registry. Typically only people like this person, who did something that netted them a few days in jail and / or probation (only). Things that are really not all that terrible - misdemeanors - and, like @HonestAbe contends, many of us have done at one time or another. Why are these people on a lifetime registry in the first place, you ask? 

Even when a person with such a misdemeanor conviction is eligible to petition off (after at least one decade from conviction), this motion is 99 out of 100 times opposed by the DA, and many many times with success (on the DA's part). Why, you ask? An extremely high standard of conduct has to be proven (absolutely no criminal activity) after all these years / decades, a comprehensive psychological analysis by a licensed psychiatrist is typically required, tons of references - yet the DA STILL does whatever they can to keep them registering. 

What is the DA's motivation for keeping a guy like in this article - running nekkid around his own yard - on the this life crushing (and expensive to manage) list? I personally know a guy with a similar story who was denied. I do not get it.

@OC Weekly - how about a little more information about the petitioners who were denied their requests? As I stated, only very minor cases are even eligible to petition for removal, so I would be extremely interested in that story - their crimes, backgrounds and reasons for denial. How about it? How about a little journalistic muscle?

949girl
949girl topcommenter

Isn't that what Will Ferrell did in Old School?  Wow, that is a very harsh sentence!  yes, it's a dumb thing to go streaking because no one really needs to see all of that but people do it as a prank.  So if someone is caught skinny dipping the same thing could apply?  I just watched an episode of Vanderpump Rules and they all went skinny dipping in a public pool!  Call the police!

Penny
Penny

@fixithair- your story is one I would be interested in... assuming that you have been a good citizen for a decade, why oh why would the judge deny this, as is provided for by the law? Did the DA oppose? If so, what were their reasons? Did the judge give a reason for denial?

Why don't you see if the OC Weekly won't publish your tale? Surely you can use a pseudonym. Then we all can decide for ourselves if the system and the OCDA are truly about justice in the name of our 'safety'.

fixithair
fixithair

@AnnaBobanna I'm a registered sex offender in Orange County (misdemeanor not involving a child).  After 10 years of registration I went before the judge and was REFUSED a certificate of rehab.  The odd thing is my offense took place in a salon (I was a stylist) but did the DA stop me working alone with women?  No! After the grinder of probation, therapy and time served I'm not a treat, BUT listening to the media....(well, you get the point).  Last year I received a US Congressional award for community service for helping cancer patients and the homeless.  Not what you would expect from a registered sex offender huh?  Ladies and gentleman 95% of us are not rapist and child molesters.  We did stupid unlawful things sure, but change is the only constant in life even for sex offenders.  The 2-5% Should be handle strongly and evaluated closely while under probation/parole, but having a registry is not necessary.  That's why we have probation and parole for. 

montclair1234
montclair1234

@AnnaBobanna Absolutely. The sex offender registration laws (and a lot worse crap on them) apply to plenty of mere misdemeanants, those of indecent exposure included -- and for life, with the only way out from under it being to apply for a pardon. Yes, those who push sex offender registration would have you think it applies only to child molesters, but that is not even close to true. 

(Also, I appreciate your distinction between child molesting and child rape -- many who merely touch, which isn't acceptable anyway, are considered the same as child rapists.) 

Those who push it also would have you think that those subject to it are very highly likely to reoffend, yet even the state's own research (released in October) shows only 2%% of those subject to sex offender registration ever reoffend, and the FBI statistics are similar, saying 3%%.

This entire campaign against sex offenders is built of a fraudulent foundation. Those who push this registration also would have you believe that children are being kidnapped off the streets by strangers looking to molest and rape them -- again, false. The FBI says the average of such kidnaps by strangers is 2 per state per year. In fact, while people think such has increased over the years, that is the exact same average as 50 years ago, even as the population has swelled! Everything about this push to get sex offenders has been built on false information -- it is completely built on hate, it is marking a certain class as the scapegoat used to divert people's attention.

In fact, nearly all those convicted on child molesting are the parent, close relatives, or close family friends, not strangers.

makingsenseofitall
makingsenseofitall

@949girl My wife watched that episode...they have the videotape as evidence, why isn't anyone arresting any of them? Oh wait, they are celebs, they play by different rules!

HonestAbe
HonestAbe

@949girl- Most of us have done something that would easily earn us a spot on this list. We just were never caught. If a tree falls in the woods and no one is there to hear it....

Can someone explain to me how a deed that earned you 26 days in jail can ruin the rest of your life? And I mean RUIN.

No, I am not on this list. But I am tired of its cost. As a human being and a tax payer.

fixithair
fixithair

@Penny @fixithairI would like very much to have my story told by OC Weekly.  This is the clincher The DA (Tony R.) before the Anaheim City council on public records said he would support me getting a Certificate of Rehab but in court the day of he had his deputy DA withdraw that support.  The prior time I appeared before a judge I was just told I needed to have more resent activities of public involvement.  I sought a Cert. of Rehab twice.  

My presentation before the OC Supervisors on 05/08/12 shook up the room so much that Supervisor Nelsen went on record blasted lies about my case and who I was.  He was given the wrong file by deputies.  Click tab for 2012 then click video for 5/08/12 scroll dow to public comments (I'm the first presenter) :

 http://ocgov.granicus.com/ViewPublisher.php?view_id=4

That's not the whole story... I walked a deputy DA to her car after having me do her hair alone in my salon in Newport Beach.  If I was such a threat then why would the DA allow a registered sex offender to be alone with women at night in a salon environment especially his staff?

949girl
949girl topcommenter

@HonestAbe @949girl I've done something similar that would put me on this list too!  I think most people would qualify also.   I just  kept picturing Frank the Tank running down the road naked when reading this article.

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