Terminate Sex Offender Registration
There are several ways that a California registered sex offender may have his or her duty to register as a sex offender terminated or modified.
Petition for Termination of the Duty to Register as a Sex Offender (PC 290.5) [Tier System for Sex Offender Registration]
Petition for Termination of Duty to Register as a Sex Offender (SB 384 & PC 290.5)
California recently enacted a new law that affects the length of time that a convicted sex offender must register as such pursuant to PC 290. The new law is found in California Senate Bill 384 & PC 290.5. Essentially, the new California law creates a three-tiered system of sex offender registration. The three tiers are divided as follows:
Tier One: Ten-year sex offender registration requirement. This tier is reserved for sex crimes that are registerable offenses under PC 290: These crimes include misdemeanor sexual battery (PC 243.4), misdemeanor indecent exposure (PC 314), misdemeanor lewd acts with a minor (PC 288(c)(1)), misdemeanor annoy or molest a child (PC 647.6(a)) misdemeanor possession of child pornography (PC 311.11), and crimes for which the court mandated sex offender registration pursuant to PC 290.006, such as statutory rape (PC 261.5) peeping Tom crimes (647(j)), solicitation of prostitution (PC 647(b)), and more.
Tier Two: Twenty-year sex offender registration requirement. This tier is reserved for sex crimes that are more serious than tier one level sex offenses, but not as serious as tier three sex offenses, including: lewd and lascivious acts on a minor less than fourteen years of age (PC 288(a)), oral copulation on a minor less than fourteen years of age without force or violence, sodomy of a minor less than fourteen years of age without force or violence, incest (PC 285), and more.
Tier Three: Life-time sex offender registration requirement. This tier is reserved for defendant’s convicted of the most serious and violent sex offense, including, sex trafficking of a child, sodomy by force or violence, aggravated rape, sexual penetration by force on a minor, sex, sodomy, oral copulation or sexual penetration of a minor under ten (PC 288.8), aggravated sexual assault of a minor (PC 269), kidnapping for a sex offense (PC 209), and more.
Juvenile Sex Offender: California’s new tier system for sex offender registration creates a two-tiered system for juvenile sex offenders. The new law requires a ten-year sex offender registration requirement for juveniles convicted of the most serious sex crimes. All other PC 290 registerable sex crimes require a five-year sex offender registration for juveniles.
Petition for Removal of Duty to Register as a Sex Offender: A defendant who is convicted of a sex crime listed in “tier two” may petition the court for removal of her requirement to register as a sex offender after twenty years from the date of her conviction, release from prison, or release from parole, whichever one is most recent in time.
Under the same law, a person who is convicted of a sex crime listed in “tier one” may petition the court for removal of her requirement to register as a sex offender after ten years from the date of her conviction, release from probation, or release from jail, whichever one is most recent in time.
Important: PC 290 registration requirements do not terminate automatically after the minimum registration time requirements are met. California’s new tier system for sex offenders law requires the petitioner to petition for removal after the expiration of the minimum registration period.
For more options on how to remove or modify the duty to register as a sex offender pursuant to California’s PC 290 law, see Petition for Certificate of Rehabilitation & Exclusion from California’s Sex Offender Website.
For more information on how to terminate sex offender registration in California, contact our sex crimes criminal defense lawyers today for a free consultation. Our team has helped hundreds of clients charged with sex crimes in the Inland Empire, including San Bernardino & Riverside County. Call today!