On or after July 1, 2021, registrants who meet the mandated minimum requirements may petition the superior court in the county in which they reside. That superior court where the registrant files is responsible for either granting or denying termination of one's name on the sex offender registry. If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years... (Penal Code 290.5(a)(4)) We have successfully helped our clients terminate their California Sex Offender Registration requirements (SB 384 & Penal Code 290.5). Contact criminal defense attorney Seth P. Chazin online or call immediately at 800-499-9902 for more information.
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The following three tiers were established by the state legislature and are now listed in Penal Code 290:
Tier 1 - 10 Years
Tier 1 requires registration as a sex offender for 10 years, or 5 years for minors. Beginning July 1, 2021, if you have served the minimum 10 year requirement, you will be able to petition for removal from sex offender registry.
Tier 1 encompasses all misdemeanor sex offenses and some non-violent felony sex offenses. Tier 1 crimes include but are not limited to: indecent exposure (Penal Code 314), misdemeanor child pornography (Penal Code 311.11), misdemeanor oral copulation (Penal Code 288a), and misdemeanor sexual battery (Penal Code 243.4).
Tier 2 - 20 Years
Tier 2 requires registration as a sex offender for 20 years, or 10 years for minors. Beginning July 1, 2021, if you have served the minimum 20 year requirement, you will be able to petition for removal from sex offender registry.
Tier 2 encompasses mid-level felonies that are not included in Tier 1 and Tier 3. Tier 2 crimes include but are not limited to lewd act with a minor under age 14 (Penal Code 288(a)), incest (Penal Code 285), oral copulation (former Penal Code 288a), acts of penetration with a foreign object (Penal Code 289 (b)), and a second separate conviction for annoying a child for sexual purposes (Penal Code 647.6).
Tier 3 - Lifetime
Tier 3 requires registration as a sex offender for life. If you are convicted of a Tier 3 crime, you are not eligible to petition the court for removal from the sex offender registry except in some unusual circumstances.
Tier 3 encompasses allegedly more serious sex offenses. These include but are not limited to: felony possession of child pornography (Penal Code 311.11), pimping and pandering of a minor (Penal Code 266h), and many cases of rape (Penal Code 261). In certain cases, the felony can be reduced to a misdemeanor which then could potential make the registrant eligible for removal from the sex offense registry.
Tier 3 - Risk Assessment - 20 Years
For additional information, please refer to Penal Code section 290.5(b)(3) as amended under SB 384.
Only the most common sex offense crimes are listed above. If you were convicted of a sex crime not listed above, or you need help with being removed from the sex offender registry, Contact criminal defense attorney Seth P Chazin either online or call for a free consultation today at 800-499-9902.