How do I get removed from the CA Sex Offender Registry?

Senate Bill 384 transitioned California’s ineffectual and outdated lifetime sex offender registration scheme to a tier-based system. The previous lifetime sex offender registration schema ended December 31, 2020. SB 384 established three tiers of registration for adult registrants for periods of 10 years, 20 years, and life, and two tiers of registration for juvenile registrants for periods of 5 years and 10 years.

Important Dates
January 1, 2021	July 1, 2021	January 1, 2022
The tier-based sex offender registration schema became effective. The Department of Justice designated tiers for registrants. If a registrant’s designation cannot be immediately ascertained, they will be placed in a tier-to-be-determined.  The DOJ has up to 24 months to ascertain the individual’s tier.	Tier 1 and tier 2 registrants who meet the mandated minimum requirements may petition for termination of their sex offender registration requirement in the superior court or juvenile court in the county in which they reside. In limited instances, tier three registrants may qualify based on the Risk Assessment Level.	Registrants will be displayed on the Megan’s Law website pursuant to Penal Code section 290.46 as amended under SB 384.

Mandatory Minimum Registration Periods
The mandatory minimum registration periods for individuals who were convicted of their registrable offense depends on the tier that the individual is assigned:
Tier One: 10 Years	Tier Two: 20 Years	Tier Three: Lifetime Tier Three: Risk Assessment Level: 20 years

Call United LDA to help you with the preparation of the Petition to be Removed of the Sex Offender Registry.

With the help of United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  We will utilize over thirty years of experience doing this work to ensure it is done correctly, timely and professionally. It is as easy as following three simple steps:

1. First, determine whether you qualify by reading the information below.  The information is taken directly from the California Department of Justice and the statute itself.
2. Second, if you decide it’s worth filing, contact us and we will prepare the petition.  We will help you gather all the necessary documents and consolidate them in a manner that is both helpful and advantageous.  We will prepare the petition for you based on the consolidated information that you provide us.  We cannot give you advice on whether you qualify or whether you should file a petition, but we can provide you with published information, written by lawyers to help you understand the process.
3. Third, we will properly file the petition with the court and serve all the necessary parties.

It is as easy as that.  Lawyers will charge you thousands of dollars to complete the work whereas we will charge you hundreds.  If you can’t afford the costs, we will set up a payment plan.  The most important thing is making sure you file the petition and together, we can get this done.

Self-Help For Termination of Sex Offender Registration

1. Registrants will first request proof of current registration from the local registering law enforcement agency.
2. Registrants will then initiate the petition process by completing the petition forms.
3. Registrants will file the petition with the court.
4. A copy of the filed petition will be served to the required parties
5. The registering law enforcement agency and the law enforcement agency in the county of conviction must, within 60 days of receiving the petition, file a report, informing the district attorney and superior court whether the petitioner meets the minimum requirements for termination
6. Within 60 days of receiving the law enforcement agency report the district attorney for the county where the petition is filed will submit their response.
   1. The district attorney will have no objection to the petition or will object to granting the petition and request a hearing.
7. If no hearing is requested, the court must grant the petition.
8. Upon granting the petition, the court must notify the registrant and the CA DOJ.
9. The CA DOJ anticipates full termination from the registry after a petition is granted to take between 30-90 days.

FAQ?

Determining Whether I Have Met My Mandatory Minimum Registration Period Pursuant to Penal Code section 290(e), “the minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense.  The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under the Sex Offender Registration Act (the “Act”), and by three years for each felony conviction of failing to register under the Act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment.  If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant form the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.” Who Determines My Tier Designation? The CA DOJ designates the tiers of most sex offender registrants. However, pursuant to Penal Code section 290.006, the court shall determine the tier designation for individuals ordered by the court to register. Registrants who are court ordered to register will be designated as tier one unless the court finds the person should register as tier two or tier three registrant and states on the record the reasons for its findings.  An individual is court-ordered to register pursuant to Penal Code section 290.006 when an individual is convicted of an offense, is not required to register pursuant to Penal Code section 290, and the and the court makes a finding that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. How Do I Obtain My Tier Designation? Registrants may request their Tier Notification Letter from their local registering agency. What Tier Will I be if I have an Out-of-State, Federal, Military Conviction? Pursuant to Penal Code section 290(d)(4), “a person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).  If the person’s requirement to register pursuant to § 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two registrant, except that the person is subject to registration as a tier three registrant if one of the following applies:

1. The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to § 290.06, is well above average risk at the time of release on the index sex offense into the community.
2. The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5 or is substantially similar to Section 269 or 288.7.
3. The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.”

What if I am Placed in the Tier-To-Be-Determined Category? A registrant will be placed in a ‘tier-to-be-determined’ classification if their appropriate tier designation cannot be immediately ascertained. An individual placed in this tier-to-be determined category shall continue to register in accordance with the Act. The CA DOJ shall ascertain an individual’s appropriate tier designation within 24 months of their placement in the tier-to-be-determined category. When and Where do I Petition for Termination of My Sex Offender Registration Requirement in CA? Pursuant to Penal Code section 290.5(a)(1) registrants may petition the superior court or juvenile court in their county of residence for termination of their CA sex offender registration requirement at the expiration of their mandated minimum registration period. A registrant who is registering solely for a juvenile adjudication will petition the juvenile court. A registrant registering for an adult conviction of a sex offense, even if that person also registers for a juvenile adjudication, will petition the superior court.  Where do I Obtain Proof of Current Sex Offender Registration? The registrant’s current registering law enforcement agency will provide the proof of current registration upon request from the registrant. On Whom Do I Serve my Petition? A copy of the filed petition will be served to the required parties:

1. The registering law enforcement agency
2. The district attorney in the county where the petition is filed
3. The law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed
4. The district attorney in the county of conviction of a registerable offense if different than the county where the petition is filed.

Who grants or denies a Petition for Termination? The superior court or juvenile court where the registrant filed their petition will either grant or deny the petition for termination. Can the Court Deny a Petition Without Holding a Hearing? The court may summarily deny a petition if the court determines the petitioner does not meet the statutory requirements for termination of sex offender registration or if the petitioner has not fulfilled the filing and service requirements of this section. In summarily denying a petition the court shall state the reason or reasons the petition is being denied. What Would Make Automatically Ineligible to Petion? Please find below a list of some scenarios that make you automatically ineligible to petition pursuant to SB 384. Please note that the below list does not include all the reasons you may be found automatically ineligible to petition.

• You have not met your minimum mandatory registration period pursuant to Penal Code section 290(e)
• There are pending charges against you which could extend the time to complete your tier or change your tier
•  You are in custody
• You are on parole, probation, or supervised release
• You are a “Tier Three – Lifetime” registrant
• You have not fulfilled the filing and service requirements

Can a Tier 3 Registrant Petition for Termination of Their Sex Offender Registration Requirement? If a tier three registrant is designated as tier three solely due to their risk level, which was well above average risk (formerly high risk) on the Static-99R, at least 20 years from release from custody on the registrant’s registrable offense, the registrant may petition for termination of their sex offender registration requirement unless the conviction offense is listed in Penal Code sections 1192.7 or 288.  The court shall determine, based on factors listed in Penal code section 290.5 as amended under SB 384, whether community safety would be significantly enhanced by continued registration. Individuals designated as tier three solely due to their risk level are designated as “Tier Three – Risk Assessment Level” by the CA DOJ. If you are designated as “Tier Three – Lifetime”, you may not petition for termination. If the Petition for Termination is Denied Following a Court Hearing, When Cani Re-Petition for Termination? If the court determines that the continued registration would significantly enhance community safety, it must set a time period (at least one and no more than five years) after which the petitioner can re-petition for termination and must state on the record its reasons for setting a particular time period.  The reasons must be based on the information presented at the hearing. What Will Receive Rom the Court if My Petition is Granted? Registrants will receive notice from the court whether their petition is granted or denied. Registrants should retain the court order for their own records. How Long Will it Take After My Petition for Termination is Granted by the Court for my Registration Requirement to be Terminated by the CA DOJ?? The CA DOJ anticipates full termination from the registry after a petition is granted to take between 30-90 days. Please retain a copy of the court order granting your petition until you receive a letter from CA DOJ indicating your registration requirement has been fully terminated. Your requirement to register as a sex offender in California ends at the time the court grants your petition. If a Hearing is Requested by the District Attorney If a hearing is requested by the District Attorney, the Court must permit the district attorney to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration.  In making its determination, the court must consider:

1. The nature and facts of the registerable offense.
2. The age and number of victims.
3. Whether any victim was a stranger to the petitioner (known for less than 24 hours) at the time of the offense.
4. The criminal and relevant noncriminal behavior before and after the conviction for the registerable offense.
5. The time period during which the person has not reoffended.
6. Whether the offender has successfully completed a SOMB-certified sex offender treatment program; and
7. The person’s current risk of sexual or violent re-offense, including his/her risk levels on SARATSO static, dynamic, and violence risk assessments.

If the Petition is Denied If the court determines that the continued registration would significantly enhance community safety, it must set a time period (at least one and no more than five years) after which the petitioner can re-petition for termination and must state on the record its reasons for setting a particular time period.  The reasons must be based on the information presented at the hearing. How Are the Tiers Determined? Tiers are designated in accordance with the criteria specified in PC section 290 through 290.024, et seq., the Sex Offender Registration Act, which includes registrable conviction(s) from the CA and non-CA jurisdictions, risk assessments scores and levels, and other criteria.

Penal Code Section	Offense Description	Likely Adult Tier
187	Murder while committing or attempting, 286, 288, 287, 288a, 289, or rape [no statute specified]	T3
207 or 209	Kidnapping, when committed with intent to violate 261, 286, 288, 288a, or 289	T3
220(a),(b)	Assault, or assault in connection with a first-degree burglary, with intent to commit rape, sodomy, oral copulation [statutes not specified], or any violation of 264.1, 288, or 289	T3
236.1(b)	“Human trafficking” – violating another’s personal liberty to effect violation of 266, 266h, 266i, 266j, 267, 311.1 through 311.6, or 518 [extortion, not registrable]	T3
236.1(c)	“Human trafficking” – inducing a minor to engage in a commercial sex act to effect violation of 266, 266h, 266i, 266j, 267, 311.1 through 311.6, or 518 (extortion, not registrable)	T3
243.4(a)	Sexual battery (sexual touching) when victim unlawfully restrained [wobbler]	T3 if felony; T1 if misdemeanor
243.4(b)	Sexual battery of victim institutionalized for medical treatment [wobbler]	T1
243.4(c)	Sexual battery when misrepresenting that it is for a medical purpose [wobbler]	T3 if felony; T1 if misdemeanor
243.4(d)	Sexual battery by causing victim to touch intimate parts of another [wobbler]	T3 if felony; T1 if misdemeanor
243.4(e)	Misdemeanor sexual battery	T1
243.4(j)	Sexual battery with minor, with prior 243.4 conviction [felony]	T1
261(a)(1)	Rape of a non-spouse incapable of giving consent because of mental disorder or disability	T1 or T2
261(a)(2)	Forcible rape of a non-spouse	T3
261(a)(3)	Rape of non-spouse incapable or resisting because of intoxication	T3
261(a)(4)	Rape of a non-spouse unconscious of the nature of the act	T3
261(a)(5)	Rape when consent procured by fraud	T1 or T2
261(a)(6)	Rape of a non-spouse under threat of future retaliation	T2, but T3 if sentenced under 667.61 or 667.71
261(a)(7)	Rape of non-spouse under threat of government authority	T1 or T2
262(a)(1)	Rape of a spouse, if forcible and defendant sentenced to prison	T3
262(a)(4)	Rape of a spouse under threat of future retaliation [not listed as registerable in 290(c)]	May not be tiered, but T3 if sentenced under 667.61 or 667.71
264(c)(1)-(2)	Rape of a minor (as defined in 261 or 262)	T3
264.1	Acting in concert with others by force or violence to violate 261, 2262, 0r 289	T3
266	Inveigling a chaste unmarried female under 18 into a house of ill fame [wobbler]	T1
266c	Inducing someone to engage in intercourse, penetration, oral copulation, or sodomy by false statements meant to induce fear	T1
266h(b)	Pimping a minor; deriving income from a prostitute who is a minor	T3
266i(b)	Pandering a minor	T3
266j	Procuring a child under 16 for a lewd or lascivious act, as specified	T3
267	Abducting a person under 18 from their legal guardian for purpose of prostitution	T3
269	Aggravated sexual assault of a minor 14 years or younger by someone 7 years older	T3
272	Contributing to the delinquency of a minor or luring a minor under 14 away from home, if involves lewd or lascivious conduct	T3
285	Incest, when both participants are 14 or older	T2
286(b)(1)	Sodomy with person under 18 [misdemeanor or wobbler]	T1
286(b)(2)	Sodomy by person over 21 against person under 16 [felony]	T1
286(c)(1)	Sodomy with person who is under 14 and no more than 10 years younger than offender	T2, but T3 if sentenced under 667.61 or 667.71
286(c)(2)	Forcible sodomy	T3
286(c)(3)	Sodomy with fear of retaliation	T2, but T3 if sentenced under 667.61
286(d)	Sodomy in concert with force or fear of retaliation	T3
286(e)	Sodomy while in jail or state prison [misdemeanor]	T1
286(f)	Sodomy with victim unconscious to the nature of the act	T3
286(g)	Sodomy with victim who has disability or mental disorder	T2
286(h)	Sodomy, where both victim and offender confined to institution for disorder or disability [wobbler?]	T2
286(i)	Sodomy with intoxicated victim unable to resist	T3
286(j)	Sodomy when consent procured by fraud [felony]	T1
286(k)	Sodomy under threat of governmental authority [felony]	T1
288(a)	Nonforcible lewd or lascivious act with child under 14 with sexual intent	T2 if 1st offense, but T3 if under 667.61 or 667.71; T3 if 2nd offense
288(b)	Forcible lewd or lascivious act with child under 14 or dependent person	T3
288(c)	Nonforcible lewd or lascivious act with victim 14 or 15 years old, and offender more than 10 years older; or nonforcible lewd acts against dependent person by caregiver [wobbler]	T3
288a(b)(1) or 287(b)(1)	Oral copulation with person under 18 [wobbler?]	T1
288a(b)(2) or 287 (b)(2)	Oral copulation with person under 16 when offender is over 21 [felony]	T1
288a(c)(1) or 287(c)(1)	Oral copulation with person under 14 when offenders is more than 10 yrs older	T2, but T3 if sentenced under 667.71
288a(c)(2) or 287(c)(2)	Forcible oral copulation	T3
288a(c)(3) or 287 (c)(3)	Oral copulation under threat of future retaliation	T2, but T3 if sentenced under 667.61 or 667.71
288a(d) or 287(d)	Oral copulation in concert with force, under threat of retaliation, or victim is incapable of giving consent	T3
288a(e) or 287(e)	Participates in oral copulation while in jail or state prison [misdemeanor]	T1
288a(f) or 287(f)	Oral copulation with victim unconscious of the nature of the act	T3
288a(g) or 287(g)	Oral copulation with victim who has disability or mental disorder	T2
288a(h) or 287(h)	Oral copulation when both offender and victim are in institution for disability or disorders [misdemeanor]	T2
288a(i) or 287(i)	Oral copulation with intoxicated or drugged victim incapable of resisting	T3
288a(j) or 287(j)	Oral copulation when consent procured by fraud [felony]	T1
288a(k) or 287(k)	Oral copulation under threat of government authority [felony]	T1
288.2	Providing “harmful material” to a minor or person believed to be a minor [wobbler’ only felony is registerable]	T3
288.3	Communication with a minor with intent to violate 207, 209, 261, 264.1, 273a, 286, 287, 288, 288a, 288.2, 289, 311.11, 311.2, 311.4 or 311.11	T3 (absent exception)
288.4	Arranging a meeting with a minor or person believed to be a minor with intent to commit sex offense [misdemeanor if meeting not completed, otherwise felony; felony if defendant has prior registerable conviction]	T3
288.5	Continuous sexual abuse of a child (3 or more acts of sexual abuse in less than 3 months with a child under 14 with whom one lives or has regular access)	T3
288.7	Intercourse with a victim 10 years of age or younger	T3
289(a)(1)	Forcible sexual penetration	T3
289(a)(2)	Sexual penetration under threat of retaliation	T2, but T3 if sentenced under 667.61
289(b)	Sexual penetration with victim who has disability or mental disorder	T2
289(c)	Sexual penetration where both victim and offender confined to institution for disorder or disability	T1
289(d)	Sexual penetration with victim unconscious of the nature of the act	T3
289(e)	Sexual penetration with intoxicated or drugged victim incapable of resisting	T3
289(f)	Sexual penetration when consent procured by fraud [felony]	T1
289(g)	Sexual penetration with threat of government authority [felony]	T1
289(h)	Participation in sexual penetration with person under 18 [misdemeanor]	T1
289(i)	Person over 21 who participates in sexual penetration with person under 16	T1
289(j)	Sexual penetration with victim under 14 and more than 10 years younger than defendant	T3
311.1	Distribution, exchange, or exhibition of obscene matter depicting minor engaging in or simulating sexual conduct [wobbler]	T3 if felony; T1 if misdemeanor
311.2(b)	Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct [felony]	T3
311.2(c)	Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct, shown to or exchanged with an adult [wobbler on 1st offense; felony on 2nd offense]	T3
311.2(d)	Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct, shown to or exchanged with a minor [felony]	T3
311.3	Sexual exploitation of a child (knowingly develops, duplicates, prints, or exchanges any representation that depicts a minor engaged in sexual conduct) [misdemeanor, unless prior related offense]	T3
311.4(a)-(c)	Hiring or using a minor for acts specified in 311.2 [wobbler]	T3
311.11	Possessing or controlling any matter depicting minor engaged in or simulating sexual conduct [wobbler]	T3 if felony; T1 if misdemeanor
314	Exposing oneself willfully and lewdly where others may be offended or annoyed, or assists another in doing so [misdemeanor, unless prior conviction for 314 or 288]	T1
647.6(a)-(c)	Annoying or molesting a child under 18 [misdemeanor on 1st offense; felony if done after entering dwelling, or defendant has prior sex offense conviction;	T1 (1st conviction); T2 (second conviction)
653f(c)	Soliciting another to commit a specified sex offense, including forcible rape, sodomy or oral copulation or any violation of 264.1, 288, or 289 [felony]	T3
Exceptions and Enhancements
2nd “violent felony”	Any second, subsequent conviction for the following violent felonies as defined by 667.5(c): 187, 207, 209, 220, 261(a)(2), (a)(6); 262(a)(1), (a)(4); 286(c), (d); 287(c), (d); 288(a), (b); 288a(c), (d); 289(a), (j); 288.5; 261.4	T3
667.61	Any sex offense with a life sentence, or a sentence of 15 years to life, sentenced pursuant to 667.61.  Section 667.61 provides enhanced penalties for violating 261(a)(2), (a)(6); 262(a)(1), (a)(4); 264.1; 286(c)(2), (c)(3), (d); 287(c)(2), (c)(3), (d); 288(a), (b); 288a(c)(2)(c)(3), (d); 288.5; 289(a)
667.71	A “habitual sex offender” punished pursuant to 667.71 upon a second, separate conviction for violating 207(b); 208(d); 209(b); 261(a)(2), (a)(6); 262(a)(1), (a)(4); 261.4; 269; 286(c),(d); 288(a), (b); 288a(c), (d), 288.5; 289(a), (j)	T3
SARATSO score	A SARATSO score “well above average at the time of release”	T3
W&I § 6600	A “sexually violent predator”	T3
290.004	A “mentally disordered sex offender, or a plea of not guilty by reason of insanity”	T3

Petition to Be Removed from the CA Sex Offender Registry

Standard Fees $1,200.00 + Court Fees