22 Oct 25
You know how devastating the California lifetime requirement is, requiring you to be a registered sex offender. That law has been changed. A contemporary, tier-based approach to risk recognition that acknowledges different degrees of risk marks a step in California, which no longer relies on its strict system. Instead, with the enactment of Senate Bill 384, effective January 1, 2021, California has shifted away from its strict system.
Above all, this legislation provides a legal avenue through which many people can permanently end their registration obligation. This process is complicated and not automatic, but it is a real opportunity that was not available before. This blog discusses the new levels and the step-by-step procedure you need to go through to petition the court to have yourself removed, as well as what this monumental shift in California law means for you and your future.
The New Three-Tier System in California
The goal of Senate Bill (SB) 384 is to establish a three-level system of adult registrants. This development enables the legal system to distinguish cases according to the severity of the underlying offense. The most important thing is to be placed in one of these tiers, as it directly affects the minimum duration you should be registered and when you can seek removal.
This reform was implemented not only to establish a fairer system but also to enable law enforcement to allocate its resources towards individuals in the highest ranks who are believed to pose a higher threat to the safety of the people.
In addition to the adult system, SB 384 also established a more lenient juvenile offender registration system. This difference is the acknowledgement of the special conditions of youthful crime and the focus on rehabilitation, which has shorter registration terms among young people. The most crucial step in finding your way forward under this new law is understanding your assigned tier.
- Tier One: 10-Year Minimum Registration
In case your conviction was for a minor sex crime, then you will probably be put in Tier One. This category is usually used in the case of misdemeanors and some non-violent felonies that the legislature has considered to be less likely to reoffend. The law will require you to serve at least ten years before being released from custody or supervision.
Examples of common crimes that lead to a Tier One designation would be:
- Misdemeanor sexual battery (Penal Code 243.4)
- Indecent exposure (Penal Code 314)
- A first-time offense of annoying or molesting a child (Penal Code 647.6)
Once you have completed this ten-year registration period and have not had any compliance problems or committed any new offenses, you may petition the court to end your registration requirement permanently.
- Tier Two: 20-Year Minimum Registration
SB 384 creates Tier Two in the case of those who are convicted of more serious sex offenses. This group usually comprises felonies, which, according to California law, are considered serious or violent. If you are in this tier, you must enroll for at least twenty years. This increased period indicates the legislature’s evaluation of a greater risk that may be involved in these crimes.
Examples of crimes that are usually classified as Tier Two would be:
- Lewd acts involving a minor under the age of 14, as stipulated in Penal Code 288
- Incest as specified in Penal Code 285
- Rape of an adult who was incapable of giving consent because of a mental disorder or disability, as stipulated in Penal Code 261
Similar to Tier One, the completion of your required twenty-year registration period is the key that opens the door to your ability to petition the court to have yourself removed from the registry.
- Tier Three: Lifetime Registration
Tier Three is used when the sex offender has committed the most serious sex offenses. If you are placed in this tier, you should undergo lifetime registration. This type is to be used in cases of offenses that are usually characterized by violence, high levels of predatory conduct, extremely young victims, or repeat offending. In this tier, there is no avenue of appeal to be removed, except under one exception.
The crimes that lead to a mandatory Tier Three designation are some of the most serious in the penal code, such as most types of forcible rape under Penal Code 261, the sex trafficking of a child under Penal Code 236.1, or a sexual assault on a child under the age of 10 as defined in Penal Code 288.7.
In addition, you may be assigned to this level when you have been legally labeled as a habitual sex offender or when your risk rating on the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) has been established as being well above average, which means that you pose a high threat to the community.
Juvenile Offender Special Registration Periods
Understanding that the objectives of the juvenile justice system do not coincide with the adult system, SB 384 established a separate and milder system of registration of juvenile offenders. This is based on the fact that minors are more rehabilitative. When you are adjudged to have committed a sex offense as a juvenile, you will have much shorter registration times.
In the case of offenses categorized as Tier One in an adult, a juvenile only has a minimum registration period of five years. A juvenile must not be released before ten years for more serious crimes, considered Tier Two in the adult world. This framework gives a more realistic and achievable avenue through which the youth can overcome their errors and rejoin society.
How to Petition to Terminate Your Registration
The most transformative aspect of SB 384 is that it has established a legal procedure by which you can permanently terminate your registration obligations. It is, however, essential to realize that this relief is not automatic. You should take positive action by submitting a formal petition to the court once you have fulfilled all the legal requirements. This is an elaborate process that involves keenness to procedure. You have to navigate it to get out of the registry successfully.
The sections below will act as your practical guide, as they will break down who is eligible to petition and what specific actions you need to take to begin this life-changing legal process.
Are You Eligible to Petition for Removal?
You should first ensure that you comply with the strict eligibility requirements stipulated by the law before starting the process. The court will not consider your petition unless you meet these prerequisites. To begin with, you have to be a Tier One or Tier Two registrant. The majority of the Tier Three registrants, as discussed above, are ineligible.
Secondly, you should have completed your full minimum registration term of ten years (Tier One) or twenty years (Tier Two). This time is calculated from the time you were released from custody or the time you started on supervision. Most importantly, when filing, you must not be in jail or prison or under active supervision like parole, probation, or post-release community supervision.
Lastly, you cannot have any unresolved criminal charges against you that might alter your tier status or disqualify you. When you fulfill all these requirements, you can file your petition.
A Step-by-Step Guide to Filing Your Petition
After establishing that you are eligible, you should go through a specific series of procedural steps to request the court to grant you relief. Not doing these steps properly may lead to rejection of your petition on a technical basis, and you may have to re-initiate the process.
To begin with, you must know when. According to the law, you can submit your petition on or after your first birthday, after July 1, 2021, as long as your minimum registration period has expired. This particular timing provision was included in the gradual implementation of the law.
The initial proactive action you need to undertake is to visit the local law enforcement agency where you are registered. You have to ask them to give you a document known as a Proof of Current Registration. The court requires this form to show you are fulfilling your registration obligations when filing. Requesting this document before your filing date is wise to avoid any potential delays. This form serves as official evidence that you are in good standing with your registration requirements at the exact time you are seeking relief, which is a foundational element of your petition.
In that document, you have to file the official petition forms with the superior court in your county. If your initial case was a juvenile adjudication, you will file it in the juvenile court.
Once your petition is formally submitted to the court, you should serve, or formally deliver, copies of the submitted documents to all the necessary government agencies. This covers the local law enforcement agency in which you have registered and the office of the district attorney in the county in which you have filed the petition, and, in case you were initially convicted in some other county, you must also serve the law enforcement agency and the district attorney in that county.
What Happens After You File?
Once you have duly filed and served your petition, the case is put on a review stage. This is where the critical government agencies will scrutinize your request, and the decision will be made on whether to protest against it. The time frame of this process is well spelled out by law.
To begin with, the police departments you represent must be given 60 days to examine your case and report to the office of the District Attorney. In this report, your registration history and compliance will be described. The District Attorney then has 60 days to examine the report and your petition. At this point, the prosecutor will either choose to object to your removal from the registry or not.
The ruling of the District Attorney is a crucial point. If the prosecutor feels the removal will be a danger to society, he can seek an official court hearing to present his opposition to your petition. During their review, the prosecutor will look at your original offense and your entire history while on the registry. They will consider any new arrests, compliance issues, and evidence of rehabilitation.
This is why maintaining a flawless record is paramount. An objection is more likely if factors suggest a continued risk to public safety. However, provided the DA does not object, and you have satisfied all the statutory conditions, the law permits the judge to grant your petition and cancel your registration requirement without a hearing ever being conducted.
If your petition is rejected following a hearing, the judge must impose a waiting period, usually one to five years, before you can make another petition.
Exceptional Circumstances You Need to Be Aware Of
Although the tier system and petition process are the basis of SB 384, some key details and exceptions can significantly affect your case. It is essential to understand these nuances, as they may open up special possibilities of relief or, on the contrary, present difficulties that you should be ready to resolve.
The less common but of vital importance in this section are the narrow avenues of early removal of the registry, the rules that apply particularly when you have an out-of-state conviction, and the harsh penalties that await you in case of failure to comply with your registration obligations until you are eligible.
Early Removal Opportunities for Certain Registrants
Besides the usual petition procedure, SB 384 established two extremely limited and narrow avenues through which some individuals could request removal from the registry sooner than their tier would have otherwise permitted.
The former applies to several Tier Two registrants. You can petition to be removed after ten years, rather than the normal twenty; however, only under a very stringent set of conditions. This exception is mainly intended to deal with what are occasionally referred to as Romeo and Juliet cases. You must have only one victim between the ages of 14 and 17, you must have been below the age of 21 at the time of the offense, and the crime cannot have been a serious or violent felony under California law, among other factors, to qualify.
The second and even rarer chance is for some Tier Three registrants. If you were in Tier Three based on a high SARATSO risk assessment score, but not due to the nature of your underlying conviction, you can petition to be removed after twenty years. It is a very technical exemption and does not apply to the overwhelming majority of the people in Tier Three.
Interstate Convictions and Relocating to California
Senate Bill 384 also offers transparency to those who relocate to California with an out-of-state conviction of a sex offense that can be registered. If you move to California, the Department of Justice will consider your out-of-state conviction and place you at the proper level according to the California system.
If your out-of-state crime has a direct counterpart in California law, you will be assigned to the respective tier. However, the law provides a default position for Tier Two in the case of no direct equivalent. This may be raised to Tier Three in case of aggravating factors, including a high-risk assessment score or a later conviction of another serious crime. This implies that you should be registered in California when your registration has expired in the state of conviction.
The Serious Consequences of Failing to Register
It is imperative to know that although SB 384 offers a way out, it does not alter the fact that going against your registration requirements is a grave offense. Any failure to register can be disastrous to your future eligibility to be taken off the registry.
If you have a conviction for failure to register, the new conviction will lengthen your minimum registration term, delaying the date of your petition. A conviction of failure to register as a misdemeanor will result in one year being added to your waiting period, and a felony conviction will result in three years.
This is why it is more important than ever to comply perfectly with your registration duties. You should also keep up with all registration regulations until a judge signs an order formally discontinuing your need.
Locate a Skilled Criminal Defense Lawyer Near Me
Although Senate Bill (SB) 384 allows you to terminate your registration, the court system is complicated. It is a complex law, the procedural requirements are stringent, and you may be opposed by an office of a District Attorney (DA) dedicated to seeing that your petition is not granted. A skilled criminal defense lawyer is a requisite supporter in such a circumstance.
An experienced lawyer offers the essential help at each stage, properly evaluating your eligibility and managing all the complicated procedural details to ensure that a mere technical mistake does not ruin your case. Above all, when the District Attorney objects, our lawyers at Leah Legal can build a solid, convincing case on your behalf, compiling evidence of rehabilitation and presenting a strong argument before the judge.
Call Leah Legal’s Van Nuys office today at 818-484-1100 for a free, confidential consultation to determine whether you are eligible and receive the legal expertise you deserve.
