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Tired of registering as a sex offender and want to get off the list?

We are currently working on the next edition of Sex Registration Guidebook, which will be called End Sex Registration.  However, the book is not yet ready to go to print.  Check back here for our progress.

Generally, a person can be relieved from the duty to register in one of three circumstances:

  1. Changes in law terminated the person’s duty to register. (This applies to very few people)
  2. The person’s conviction is reversed. (Appeal, Habeas Corpus and Error Coram Nobis are the three most common ways to do this.)
  3. The offense the person was convicted of was minor, the defendant has rehabilitated himself, and sufficient time has passed. (Keep reading)

California now has a three tier registration system in which offenders must register for ten years, twenty years, or for life.

 

Tier One Offenders – Ten Year Registration

Penal Code §290(d) “(1)(A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.  (B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).”

Offenses in Penal Code §290(c) that are not listed as Tier Two or Tier Three and are not listed in Penal Code §667.5(c) or 1192.7(c) appear to include Penal Code sections:

  • 266
  • 266c
  • 286(b)
  • 288.3 (if committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289)
  • 289(b),(c)(f)(g)(h) or (i)
  • 311.2(a)
  • 314
  • 647.6
  • 653f except subsection c
  • former Section 647a
  • any substantially similar statutory predecessor.

Therefore, the court is now authorized to terminate sex offender registration for any person required to register based on any of these offenses or on any misdemeanor offense.

 

Tier Two Offenders – Twenty Year Registration

Penal Code §290(d) “(2)(A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.”

Tier Two, therefore includes all registered sex offenders who do not qualify under Tier One and are not restricted by Tier Three.

 

Tier Three Offenders – Lifetime Registration

Penal Code §290(d) “(3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:

(A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.

(B) The person was committed to a state mental hospital 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.

(C) The person was convicted of violating any of the following:

(i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a.

(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a.

          (iii) Section 220.

          (iv) Subdivision (b) of Section 266h.

          (v) Subdivision (b) of Section 266i.

          (vi) Section 266j.

          (vii) Section 267.

          (viii) Section 269.

          (ix) Subdivision (b) or (c) of Section 288.

          (x) Section 288.2.

(xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289.

            (xii) Section 288.4.

            (xiii) Section 288.5.

            (xiv) Section 288.7.

            (xv) Subdivision (c) of Section 653f.

(xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61.

(D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.

(E) The person is a habitual sex offender pursuant to Section 667.71.

(F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.

(G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.

(H) The person is required to register pursuant to Section 290.004.

(I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.

(J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.

(K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.

(L) The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.

(M) The person was convicted of violating Section 264.1.

(N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272.

(O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.

(P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a.

(Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.

(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.