California Penal Code Section 290 requires individuals convicted of certain sex offenses to register with local law enforcement. This blog outlines the process for petitioning for removal from the registry in California and explains how to improve your chances of success.
Eligibility for Removal from the Sex Offender Registry
In 2017, California Senate Bill 384 was signed into law, significantly improving the process for those on the sex offender registry. The new law created a tier system, allowing for the potential removal of individuals based on their offense level. Let’s look at the tiers:
Tier 1: Lowest Risk
Tier 1 is for those deemed to present the lowest risk to public safety. Individuals classified under Tier 1 can petition for removal from the registry after 10 years. However, eligibility does not guarantee automatic removal. To succeed, evidence of rehabilitation and other supportive materials must be presented.
Examples of Tier 1 offenses:
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Indecent exposure
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Lewd acts in public
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Misdemeanor sexual battery
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Misdemeanor possession of child pornography
To petition for removal, you must show that remaining on the registry does not contribute to public safety. It is the district attorney’s burden to prove otherwise. Preparing compelling evidence in support of your petition is key.
Tier 2: Moderate Risk
Tier 2 includes more serious offenses that are considered to pose a higher risk to public safety. Individuals in this category can petition for removal after 20 years. However, more persuasive evidence of rehabilitation and reduced risk to the community will be required.
Examples of Tier 2 offenses:
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Lewd acts with a child under 14 (PC 288(a))
For those in Tier 2, the focus is on whether the individual’s current situation and behavior support removal. To succeed, substantial evidence of rehabilitation and positive changes in behavior must be provided. The goal is to show that continued registration will not enhance community safety.
Tier 3: High Risk
Tier 3 offenses are typically not eligible for removal from the registry. However, legislative efforts are ongoing to address the limitations of this tier. If you fall under Tier 3, ask if your offense might be eligible for removal due to changes in the law.
The Legal Process for Removal from the Sex Offender Registry
The process for petitioning for removal from the sex offender registry requires careful preparation and attention to detail. Here’s an overview of the steps:
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File a Petition: A petition for removal must be filed with the court and served to the relevant parties, including district attorneys and law enforcement agencies.
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Provide Evidence: Your petition must include detailed information about your offense, as well as evidence of rehabilitation, good conduct, and community support.
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Prepare for Objections: The prosecution may raise concerns about public safety. These concerns need to be addressed with solid evidence demonstrating rehabilitation and no current risk to the community.
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Court Hearing: A court hearing may be necessary, where a judge will decide whether you can be removed from the registry.
If the petition is successful, you will be removed from the California sex offender registry and will no longer be required to register.
Megan’s Law Webpage
Once your petition is granted, your name will be removed from the California Department of Justice’s Megan’s Law online database. However, it’s important to note that the DOJ can be slow to update their records, so your removal may not be reflected immediately.
Preparing for the Removal Process
To improve your chances of success, you should prepare the strongest case possible. This includes:
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Gathering Documentation: Provide proof of rehabilitation, counseling, and treatment, if available. Letters of support from family, friends, and community members are also helpful.
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Strategy Planning: Work with an attorney experienced in sex offender registry removal to ensure your petition is as persuasive as possible. A strong first petition increases your chances of success and avoids delays.
Common Pitfalls in the Removal Process
The removal process can be challenging, and several issues may arise during the petition:
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Lack of Evidence: If sufficient evidence of rehabilitation is missing, it may weaken your case. Make sure all relevant documents, such as therapy records and letters of support, are included.
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Inaccurate or Incomplete Petition: Ensure that your petition is thorough and accurate, as errors can lead to delays or a denial of your request.
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Objections from the Prosecution: The prosecution may argue against your removal, often citing concerns about public safety. Your attorney should be prepared to counter these arguments with strong evidence of your rehabilitation and current low risk.
Consequences of a Denied Petition
If your petition is denied, you may need to wait 1 to 5 years before you can file again. Therefore, it’s crucial to ensure your petition is as complete and compelling as possible the first time around.
Conclusion
Removing your name from the California sex offender registry is a complex process that requires careful planning and a strong legal strategy. Understanding the eligibility requirements, preparing the necessary evidence, and working with an experienced attorney can increase your chances of success.
If you’re seeking removal from the sex offender registry, contact our team today at 805-439-6069 for professional legal assistance. Together, we can build a strong case and help you regain control of your life.