Removal From The Registry
WHAT IT MEANS TO BE ON THE REGISTRY
Understanding the registration requirement
As many know, one of many serious consequences of being convicted of a sexual offense is having to register as a sex offender under Penal Code 290. Some other serious felonies that may have sexual motivations also carry a registration requirement, for example kidnapping. Registration is done with your local law enforcement agency and you are required to register at regular intervals, or if you move your residence. There are also special requirements for people who lack a permanent residence. Failure to register as required by law is a crime.
California’s tier system
In January of 2021, California changed the rules and requirements sex offender registration, pursuant Senate Bill 384. This replaced the old registration system with a new tiered system. Under the tiered system, different types of offenses now require people to register for different lengths of time. Depending on the tier level, a person may need to register for ten years, twenty, or even a lifetime depending on the crime that you are convicted of.
Here are the details on each tier level:
Tier One
10 year registration requirement
This tier is for people convicted of :
Misdemeanor sex offenses; or
Felony sex offenses that are not serious or violent felonies.
Tier Two
20 year registration
This tier is for:
Felony sex offenses; or
A second conviction for some other sex offenses.
Tier Three
Lifetime registration
This tier is for all other registrable sex offenses that do not fall within tiers one and two.
REMOVAL FROM THE REGISTRY
If I was only required to register for years and that time has passed, can I stop registering?
No. Do not assume that because you were convicted of a misdemeanor as a Tier 1 offender and you are past the ten year mark that you automatically only have to register for ten years. You always have to petition the court to stop registering. Don’t unknowingly make this mistake and end up charged with another crime for failing to register.
Who can be removed from the registry?
To be eligible to be removed from the registry, you must first meet these requirements:
Be found eligible for removal by a court
Not be on probation or parole
Not have pending charges or other convictions that carry a registration requirement
How can you be removed from the registry?
Being removed from the registry depends on the court where you were convicted. To be removed from the registry, you must first petition, and have a Judge order that you are eligible for removal. In order to file for removal, you should not be on probation or parole, have other pending charges, or have other sexual offense cases that still require you to register as a sex offender. Each county handles these petitions slightly differently; but in general, once the petition is filed, the prosecutor can oppose the petition or not; and then the Judge will either set it for a hearing or grant the petition without a hearing.
What is required in the petition?
Included in the petition must be proof that you have been registering and are in good standing. You also must serve the prosecution with a copy of the petition and the prosecution to give them an opportunity to respond. If the prosecution can prove that it would be a danger to the public to have you off of the registry list, the Judge might deny the petition.
What happens when the petition is granted?
Once the petition is granted, the court will submit papers to the Department of Justice and you will be removed from the registry and no longer required to register as a sex offender.
