Petition to Terminate Sex Offender Registration Active in California

Petition to Terminate Sex Offender Registration Active in California

In October of 2017, the Senate of the state of California passed Senate Bill 384. This new law went into effect on January 1st of 2022 and has changed the state’s sex offender registry for good. Certain individuals who are registered sex offenders can now file a petition to be removed from the list if they meet certain eligibility criteria.

How The Sex Offender Registry Is Changing

Senate Bill 384 has replaced California’s existing sex offender registry, which required convicted people to register for life. The new system is tier-based, meaning offenders will be assigned to a tier based on the severity of the crime they committed and require them to remain registered for a certain amount of time. The tiers are also based on how likely the offender is to commit another sex crime and the offender’s overall criminal background.

Sex Offender Tiers in California

There California sex offender registry has three tiers. Offenders can be classified as a tier 1 sex offender, tier 2 sex offender, or tier 3 sex offender.

The three tiers of California’s new sex offender registry are broken down as follows:

  • Tier 1: Tier 1 of the sex offender registry is reserved for offenders who committed sex crimes considered to be the lease severe. For example, someone who committed a misdemeanor sexual battery may be placed on Tier 1. People assigned to Tier 1 of the registry can petition to have their name removed from the list after 10 years.
  • Tier 2: Tier 2 of the new sex offender registry is reserved for offenders who commit mid-level sex crimes. An example of such a crime would be lewd and lascivious acts with someone underage. They are required to keep their name on the list for 20 years.
  • Tier 3: Tier 3 of the registry is reserved for people who commit the most severe sex crimes. Ultimately, there are not many changes for them, as they are still required to keep their name on the list for life due to the severe nature of their crimes.

Filing a Petition to Be Removed from California's Sex Registry

A registered sex offender’s name is not automatically removed from the new registry once the amount of time specific to their tier has passed. Registrants are required to file a petition with the court in the county they are registered in, which is not always the count the case was tried in. Alongside the petition, registrants must include proof that they are currently registered. The petition must then be given to the law enforcement agency in which the registrant registers as well as the District Attorney’s office of the relevant county.

If the conviction was made in a different state than the one in which the registrant currently lives, they must send the petition to the county they were convicted in as well. A petition that isn’t sent to all of the necessary parties will be denied. The relevant agencies have 60 days to respond once they receive a petition from a registrant. In certain cases, they may decide to hold a hearing to determine whether the registrant poses a risk to their community and whether they have satisfied the requirements to be removed from the registry.

Why Are These Changes Being Made?

The state of California voted to enact this new sex offender law to prevent law enforcement from spending too much time on paperwork for low-risk offenders. They believe that time would be better spent monitoring and seeking out high-risk offenders that pose an active danger to their respective communities. The bill also argues that lifetime registration for all offenders is not fair because it does not consider any mitigating circumstances or the severity of the crime that was committed.

Contact Us to Get Started On Your Petition for Removal

If you believe you may qualify for removal from California’s sex offender registry and would like legal counsel creating your petition, contact Robert L. Hammonds Jr. Attorney at Law. We understand the serious nature of such a life change, which is why we can help you create a strong petition for removal. Attorney Hammonds will review your situation in detail and ensure your comfort and security throughout the process. Contact us today at (530) 628-6077">(530) 628-6077 or through our online portal to schedule a free consultation. Read our criminal lawyer reviews to see why clients choose us when they're looking for the best criminal defense lawyer.

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