California’s tier system

In 2021, California drastically changed the sex offender registry requirements and mandates. As of January of 2021, Senate Bill 384 replaced the old registry system and California became a tiered system. Under the tiered system, you may have to register as a sex offender for ten years, twenty, or a lifetime depending on the crime that you are convicted of.

Here are the details on each tier level:

Tier One

• This is a ten year registration requirement

• This tier is for people convicted of :

  • misdemeanor sex offenses; or

  • some felony sex offenses that are not serious or violent felonies.

Tier Two

• This is a twenty year registration

• This tier is for:

  • some felony sex offenses; or

  • a second conviction for some other sex offenses.

Tier Three

• This is a lifetime registration

• This tier is for all other registrable sex offenses that do not fall within tiers one and two.

What is the effect of an expungement?

Having your case expunged means that if someone were to pull your criminal history, where previously it would have listed the charge and next to it “guilty”, it will now say “dismissed”. When asked, you can lawfully say that your case was dismissed, because that is what an expungement does.

Here are some potential reasons people want their case expunged:

• If your case has been expunged, you would not have to disclose it to a potential employer

• An expungement can help in avoiding some negative immigration consequences that can come with a conviction

• Removing the conviction from your record can make you eligible to work in certain professions the conviction prohibited you from

What does a certificate of detention do?

What is a certificate of detention?

If no charges were filed with the court - then no records with the court exist. Therefore there is nothing within the court to seal or expunge. What does exist is a record of your arrest within the law enforcement system. A certificate of detention converts the arrest to only a detention in those records.

What is the value of having a certificate of detention?

While the word detention may sound similar to an arrest, there is an important legal distinction. Converting your arrest to a detention means that law enforcement is saying you were never arrested, merely detained. The effect of that means that if anyone were to ask you “have you ever been arrested?” for example in a job interview, legally you can truthfully answer “no”. Many people want the certificate of detention for that reason.

When do I need a sealing of my record?

Sealing is for a crime you were charged with, but not convicted of.

If your goal is to clean up your criminal record, the process you need depends on what happened in your case. You need a sealing if you were arrested for a crime, and charged in court, but not convicted. If you were charged as a juvenile, never charged with the crime, or you were convicted of the crime, then you will need a different process. Please review this article to understand what process you need.

Examples of situations where a sealing would apply are:

• Your case was dismissed before going to trial (under PC 851.8)

• You earned a dismissal by successful completion of a diversion program (under PC 851.87)

• You were acquitted following a trial (under PC 851.8)

• Your conviction was reversed on appeal

Automatic sealings vs. A sealing you must request

Will your record seal automatically or do you need to request a sealing?

Some juvenile records are sealed automatically. Your case would have been automatically sealed if it meets these requirements:

• The case was a non-serious offense under WIC 707(b) (go here to read a list of disqualifying offenses)

• You successfully completed probation

• The case was dismissed in juvenile court post January 1st of 2015

How can I get my record sealed if it was not automatic?

If your case did not qualify for an automatic sealing, you will need request a sealing of your record from the court, and this is best done with the help of an attorney who understands the process.

To qualify for a sealing you must meet the following requirements under WIC 781 :

• Either:

  • you are 18 or older (for a serious offense under WIC 707(b) you may need to be 21 years of age);

  • OR, the jurisdiction of the juvenile court has expired (usually 5 years)

• Either:

  • Your offense was not a sex offense under WIC 707(b) that was committed at 14 years or older;

  • OR if it was, you have completed probation, and have been released by the Department of Corrections if you were committed. Please note, if you were committed to the DOC, the will need to be 21 years or older.

  • You have not been convicted of a crime of moral turpitude (these are usually crimes of violence or dishonesty)

How can I clean up my criminal record?

There are many ways of cleaning up your criminal record, and the process that you will need depends upon what happened in the criminal case that you are looking to have removed from your record.

The process will differ depending on the following factors:

• whether you were an adult or juvenile

• whether you were arrested

• whether the case was charged

• whether you were convicted, or the case was dismissed

A jury trial is your right

One of the rights afforded to you under the Constitution is the right to a fair and speedy trial by a jury of your peers. Because this is your right, you and only you can decide whether or not you want to resolve your case by way of a jury trial. Your attorney is there to help advise you in making that decision, and of course to handle that trial for you as your counsel.

Should I take my case to trial?

This a complex question, and the answer to it completely depends upon the facts and evidence in your case, as well as the other options that are available to you; so there is no straightforward answer. To answer this question you will need an attorney who has reviewed all of the evidence to walk you through what that trial would look like. At Keith & Highland Law, we take pride in our years of jury trial experience. While we are happy to take a case to trial, we want you to assess all of your options before deciding to do so. We can help you understand what to expect from a trial, and the likely and possible outcomes of one; then we can compare that to the best possible options you have of resolving your case without a trial. That way, we can help you make the absolute best decision for you and your case.

What happens when you are convicted of a crime?

After a conviction, either by jury trial or plea, several things can happen:

• you may be placed on probation

• you may be sentenced to jail or prison

• you may enter into a formal or informal diversion.

• you may have to pay fines, fees, or restitution

• you may be required to perform community service

• you may be ordered to complete classes or treatment

• How much jail or prison time may I be looking at?

Jail time vs. Prison time

Jail and a prison are not the same. A jail is a smaller, local facility, only used to hold people who are sentenced to time that is under one year. Prisons are larger facilities that are intended to house people for stays longer than one year. Because they are long term, prisons have more amenities and resources available to inmates than jails do.

If I have been charged with a crime, what happens next?

Prepare for your court date

The first thing that will happen in your case is you will be given a court date. That date will be sooner if you are in custody, and a bit farther out if you are out of custody. You are entitled to an attorney for that court date, so it is best to start your search for an attorney in advance so that they can prepare for that date. A lot of people wait until last minute to start making calls because of the stress associated with doing so. The good news is that at Keith & Highland Law, we are used to working on short timelines. So we will still be able to help you even if your court date is quickly approaching. However, our clients tend to feel more at ease once they have us on board, because part of our job is to handle the stress of that court date for you. This may be new for you - but it’s not for us. We will walk you through your next steps and options and handle your court date for you.

What will happen at my first court date?

Your first court date is just one of many to come. The ultimate issues of your case - for example, what actually happened, or what the punishment should be, if any- will not be decided on that day. You do not need to present any evidence on that date. Your first court date is to take up initial important issues. Firstly, at that court date we would request the police reports so that we can review the evidence with you and make a gameplan. Secondly, we will take up conditions of your release with the court. That concerns whether you will be out of custody, or in custody while your case is pending, and what conditions you must follow. For more information on release conditions, read about them here under “after I get out of jail, what next?”

What you can do if you or a family member have been arrested

Once someone has been arrested and taken into custody there are three things that can happen next:

• they may be released on their own recognizance

• they may be held until they post an amount of bail

• they may be held without the possibility of bail

Immediate steps that can be taken to get someone out of custody

After an arrest, the person who has been arrested must be put before the court within 48 hours for their first appearance. At the first appearance one of the issues that will be addressed is whether or not that person can be released, or whether there will be bail imposed and if so - how much?

In making this determination the court will consider whether the person is a risk of flight, and whether there is a risk to the community if they are released. The court will also consider the allegations being made, and the person’s criminal history in making those determinations. You are entitled to have an attorney at this hearing so that we can make the arguments to get you or your loved one out of custody while the case is pending.

What does it mean if police want to speak with me?

If you are asking this question, then you likely are concerned that you have been accused of, or have done something that could have criminal implications. If police are looking to speak with you, that means they are conducting an investigation. If you have done anything, or have been accused of anything that could be a crime - it is safe to assume that you are subject to the investigation. If this is the case, it is time to consult with an attorney before moving any further. Even if you are innocent, you may be subject to an investigation and could unknowingly give information that could be used against you.