Before January 2021, California state law required Sex Offenders to register in the California State Sex Offender Registry upon their conviction. Convicted sex offenders were legally required to remain on the registry for life. However, following California Senate Bill 384, qualifying registered sex offenders can be removed from the registry under specific regulations.
Megan’s Law:
Since its adoption in 1996 by The United States Federal Government adopted Megan’s Law in 1996 to increase public awareness of and identify convicted sex offenders. Megan’s Law requires that all law enforcement officials and departments in the United States make information regarding registered sex offenders widely accessible to the public. Specifically, Megan’s Law provides the American public access to a database of information, including photographs of and identifying information for sex offenders.
Accessing the Sex Offender Registry:
To access the information required to be made public by Megan’s Law, individuals should look to the California Attorney General’s Office. The public can access the database from the Attorney General’s main website by navigating through the links titled Megan’s Law. Citizens can also access the California Attorney General’s Office Official Megan’s Law Website by clicking here. The identifying information on the website includes:
- Photographs of the convicted individual
- Convicted Individual’s Name
- Any possible aliases the individual has been known to go by or use.
- Biological Sex
- A list of any identifying physical markings such as tattoos, scars, piercings, etc.
- Offenses a sexual offender was convicted upon
- County and corresponding zip code of the area they presently reside in
- The website also displays information regarding offenders who have failed to abide by the registry’s requirements.
To access the registered sex offender registry, individuals must:
- Be 18 years of age or older.
- Have and present a valid California Driver’s License or State Issued ID
- Sign a consent form stating that they are not a registered sex offender and understand the type of information they are attempting to access.
Despite the procedural changes regarding database registration, Senate Bill 384 has not changed these parameters or database access points.
Senate Bill 384:
Since its passage in January of 2021, California Senate Bill 384 has changed the requirements that convicted sex offenders in California must adhere to when registering with the state’s database. Though it does not remove the requirements set by the federal adoption of Megan’s Law in 1996, it has created and implemented a Three-Tiered system within the Sex Offender Registry that now allows some registered sex offenders the opportunity to be removed from the database. The new bill now allows eligible registered sex offenders to petition the court to ask that they no longer be required to report to the California Sex Offender Registry.
Understanding California’s Three-Tiered System and the Sex Offender Registry:
The adoption of the new guidelines surrounding the California Sex Offender Registry has established a three-tiered system that serves as an aid when determining a convicted sex offender’s eligibility for removal from the database. Each of the three tiers sets the time limit parameters for the minimum amount of time that a convicted sex offender must remain on the database. The adoption of this new tiered system no longer requires all convicted offenders to remain on the registry for life.
Tier-One Classification:
Convicted sex offenders who fall in the Tier-One Classification are eligible to petition for their removal from the Sex Offender Registry following the completion of a 10-year minimum registration requirement. Individuals who are convicted within this classification have committed what is considered to be the lowest level of sexual offenses, such as indecent exposure.
Tier-Two-Classification:
Convicted sex offenders who fall into the Tier-Two Classification are eligible to petition for their removal following the completion of a 20-year registration requirement. Individuals who have been convicted at this classification level have committed mid-level sexual offenses such as engaging in consensual sodomy with a minor.
Tier-Three Classification:
Offenders whose conviction has classified them as Tier-Three offenders are required to remain on the registry for the most extended periods and are less likely to qualify for removal. Tier Three offenders are the classification that is still likely to be subjected to lifetime sentences and registry requirements. Individuals who are convicted within this classification level have committed the highest level of a sexual offense, such as rape and child trafficking. Convicted offenders classified within this tier level are not eligible to petition for removal from the registry.
Petitioning for Removal from the Sex Offender Registry:
One may be eligible to petition for removal from the registry once the minimum registration requirement as a registered sex offender is met. Petitions must be formally drafted and filed with the court. Once individuals have completed their minimum sentence, they may petition for their removal from the registry if the crime they were convicted for falls into the Tier-One or Tier-Two Categories. They may also be eligible for removal if:
- They have received a certificate of rehabilitation
- They have had the charge expunged
- The crime they were convicted of was
- Sexual Battery
- A non-penetrating sexual act
- An act of child molestation
- The victim in the incident was considered a member of the perpetrator’s immediate family.
- Or the perpetrator has completed their court-ordered probationary period.
Though the passage of Senate Bill 384 has allowed numerous changes to the procedural regulations surrounding the California Sex Offender Registry, removal from the registry is not guaranteed. Therefore, even if the petitioning offender falls into the eligible categories, the court may deny their request for removal if they believe the petitioner is still an active predator. Further, failure to properly register with the California Sex Offender Registry can prevent you from successfully petitioning for removal.
Penalties for Failing To Register as a Sex Offender In California:
If one fails to register as a sex offender after being charged, they could face criminal charges as a penalty. After being formally charged with a crime, convicted sex offenders are required by California Penal Code 290 to register as sex offenders. Specifically, convicted offenders are legally required to register within five days after being released from police custody. Generally, convicted offenders must update their information in the registry annually. However, one may be required to do so more often depending on the level of crime they committed and the specific requirements of their sentence.
Convicted offenders who fail to register with the California Official Sex Offender Registry may be charged with a misdemeanor or felony. The type of charge for one’s failure to register is determined by the level of the charge they were convicted of. For example, offenders convicted of a misdemeanor offense are typically charged with a subsequent misdemeanor for failing to register. Penalties at this level may include:
- A fine of up to 1,000 dollars.
- A maximum prison sentence of up to 1 year.
- A court-ordered period of probation.
Offenders who were initially charged with a felony will then be charged with an additional felony for failing to register. Penalties at this level may include:
- A fine of up to $10,000
- A maximum prison sentence of up to three years.
- A court-ordered period of probation
For a convicted offender to be charged with failure to register, they must have failed to do so intentionally. Therefore, if the offender was unaware of their responsibility to register or failed to take note of their registration’s expiration, they may not be convicted. To charge an offender with failure to register, the prosecution must prove that the offender had sufficient knowledge of the requirement and still failed to adhere.
FAQs:
Is it possible to be removed from the Sex Offender Registry in California?
Under California Senate Bill 384 and the addition of the Three-Tier System, Courts can remove some convicted sex offenders from the Sex Offender Registry. So, it is possible, but not for everyone. For more specific information on eligibility for removal, please reference the above article.
Can a Tier Three Offender be removed from the Sex Offender Registry?
One who has been convicted as a Tier Three Sex Offender is not eligible to be removed from the Sex Offender Registry regardless of the amount of time that has passed since their conviction.
Contact Pride Legal
If you or a loved one has been accused or convicted of a sexual offense, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.