California PC 290 Requirements
It is almost impossible for those convicted of a sexual offense in California to rebuild their lives. California penal code 290 requires persons convicted of sexually motivated crimes to register with the state’s sex offender registry. The registry limits where you can live, work, and in some cases, where you can visit.
Removal from the offender registry is a viable option for some people who wish to put their past behind them and move forward as productive members of society. Find out how to terminate sex offender registration in California and how working with California criminal defense attorney Mariya Melkonyan can help.
Here’s what we’ll cover with this article:
How Long Do Sex Offenders Have to Register?
According to the PC 290 registration requirement, those convicted of certain sex offenses must register for a set period. On January 2, 2021, Senate Bill (SB) 384 went into effect.
The bill changed registration requirements for a multitude of registrants by enacting a three-tier registry system and offering registrants a way to petition for sex offender registration requirement termination if they meet specific qualifications.
Find out how to terminate sex offender registration in California by contacting our firm today.
Among the changes enacted by SB 384 are registration requirements. Rather than mandatory life registration, those convicted of sex offenses can now register under a tiered timeline structure.
Tier one offenses require a 10 year registry period. Tier two offenses require 20 years on the sex offender registry. Tier three, which encompasses the most significant violent sex offenses, still requires a lifetime registry.
For juveniles adjudicated for sex crimes in California, the registry period is 5-10 years. Some tier three offenders may be allowed a 20-year registration with an approved risk assessment.
What is California’s Three-Tiered Sex Offender Registration System?
California’s three-tiered registry system refers to the newly instated categories for registrants. Before SB 384, the laws were much more stringent for those convicted of sex offenses.
Most offenses required a lifetime registry with no possibility of removal. To be able to terminate sex offender registration in California, you need to understand the following:
The new three-tier system classifies sex offenders into separate categories based on the severity of the crime. Examples of crimes in each tier include:
- Tier 1: Indecent exposure, sexual battery, misdemeanor child pornography
- Tier 2: Lewd acts with a minor under 14, incest, rape (victim over 18)
- Tier 3: Child sex trafficking, sending harmful material to a minor, aggravated sexual assault of a child
How Do I Terminate Sex Offender Registration in California?
Under the new SB 384, registrants on tiers one and two may petition for removal if they meet the required criteria. If you meet the requirements outlined in SB 384, you can move to petition for removal on or after your birthday as of July 1, 2021.
Seeking removal from the offender registry in California is not always a straightforward process. The consequences of going through this yourself and failing can limit your future. Without termination of your registration requirements, you won’t have the freedom to work or live where you choose.
To terminate sex offender registration in California, it’s highly advised that you work with a criminal defense attorney adept at navigating sex offender registry cases.
Mariya Melkonyan is a former Deputy District Attorney who knows her way around the California criminal legal system. She is passionate about helping those convicted of sexually motivated offenses rebuild their lives by petitioning for removal from the registry once they have served their registration period.
Sex Offender Registration Termination Options
Depending on the type of offense committed, removing your information from the sex offender registry may be possible. Sex offender registration requirement termination is a complicated process. You first must complete your rehabilitation before starting the termination process.
This includes filing paperwork with the court and may require a court hearing. Making mistakes on your paperwork or not understanding the process could result in a negative outcome.
If your termination fails, you will remain on the sex offender registry. This is why it’s important to work with our firm.
By petition to the court
California Senate Bill 384 significantly changed sex offender registration requirements. It replaced lifetime sex offender registration with a three-tiered system based on the severity of the sexual offense. This bill establishes the criteria used to determine the tier of a sexual offense. It also allows offenders to petition for their removal from the sex offender list.
Sex offender registrants can file a petition to terminate sex offender registration requirements after 10 years for tier-one offenses and 20 years for tier-two offenses. The most severe offenses under tier three designation require lifetime registration and can’t be petitioned for termination.
Since removal from the sex offender registry is crucial for moving forward in your life, hiring an experienced criminal defense attorney is your best choice when petitioning the court. It’s difficult to attempt this process on your own and you can’t afford to have your petition denied.
Find out how to terminate sex offender registration in California by contacting our firm today, and speaking with Mariya directly.
The timeframe for registration begins when the offender is released from confinement for the offense. If the offender returns to confinement for any reason, their registration period is paused until their release. Once the minimum registration requirement is met, the offender can petition the court for termination.
Working with our firm ensures you’ll meet this requirement before submitting your petition and won’t make the mistake of filing too early.
Sex offender registrants will submit their petition to the superior court and serve it to the county district attorney’s office and the law enforcement agency where they’re registered.
Under California PC 290.5, the petition can be filed on or any day after the registrant’s first birthday following the expiration of their registration period. An attorney must include proof of current registration in the offender’s petition.
The district attorney may request a hearing to determine if continued registration is necessary for community safety. The prosecutor and registrant may both present supporting evidence for their claims. A criminal defense attorney will help you gather evidence and present it in court on your behalf.
If you’re not sure how to terminate sex offender registration in California, our defense attorneys are ready to help you today.
If a hearing isn’t requested, the court will decide if the petition will be granted based on the requirements for termination.
By petition for rehabilitation
Another option is to petition for a certificate of rehabilitation (COR), an official finding from the court that a former criminal is rehabilitated. Once a registrant obtains a COR, they will no longer have to register as a sex offender. This option is available for misdemeanor sex offenders that resulted in an expunged conviction.
Due to the complex nature of the process, sex offenders interested in this termination option should contact our firm immediately so our team can begin helping you with your case. Our criminal defense experience gives you the best chance of having your COR petition granted.
The offender must have lived in California before their offense and maintain a rehabilitation period for several years to qualify for a COR. Sexual offenses that don’t qualify for a COR include sexual exploitation of a child, some child porn offenses, indecent exposure, and obscene conduct.
All other sex offenses that require registration are eligible for a COR after a rehabilitation period. This petition involves applying for the certificate and a court hearing.
By petition for removal/exclusion from the offender website
Sex offender registrants will have their information forwarded from their local law enforcement agency to the California Department of Justice, per California PC 240.46. This department maintains a sex offender tracking program.
Personal information about the offender is made public through the Megan’s Law website. Usually, the offender’s name, photo, and other physical identifying information are available. The website also includes offenses committed that required registration. An offender’s address may appear online depending on the severity of the sex crime committed.
Registered offenders must submit several forms to the California DOJ, which determines if the offender meets the requirements for exclusion. Offenders granted exclusions from the Megan’s Law website must continue to follow other registration requirements.
Our legal team can help you through the exclusion application process and determine your remaining registration responsibilities so you don’t get into legal trouble.
Juveniles and SB 384
Juvenile sex offenders are treated differently than adult offenders. Juveniles have shorter registration durations than adults. Tier one juvenile sex offenders face a 5-year registration period, while tier two juveniles face 10 years. To terminate their registration, juveniles must file a petition with the juvenile court in the county where they are registered.
What Happens When There’s Failure To Register?
There are a few laws in California that are related to failure to register a sex offender. They are:
- PC 667.71 – Which is the habitual sex offender law
- PC 12022.3 – The use of firearm in the commission of a sex crime. And third is
- PC 288 – Lewd acts with a minor child
Habitual sexual offender is a felon and punishable by a 25 years to life imprisonment. Use of a firearm or if the crime was committed against a minor, the punishment becomes even more serious.
Contact The Law Offices of Mariya Melkonyan
If you have served your registration requirement for a sex offense in California, let our team of legal experts help you pursue removal from the offender registry.
Mariya Melkonyan has 14 years of experience in the California criminal justice system, both as a Deputy District Attorney and a criminal defense lawyer. Find out if you qualify for removal under SB 384.
Contact us today to set up a consultation.