Los Angeles Sex Offender Registration Removal: What are the Steps?
California No Longer Requires Mandatory Lifetime Sex Offender Registration in All Cases
If you, or someone you love, has been forced to register as a lifetime sex offender in California, you know that few things in life are as damaging and humiliating. Sex Registration often means being forced out of your community, losing friendships, relationships and employment, and having a negative stain on you for the rest of your life.
Until now, all sex registration in California was for life. Starting January 1, 2021 the California Department of Justice will now have 3 separate tiers of sex registration — 10 years, 20 years and lifetime — depending on the seriousness of the sex crime committed.
MOST IMPORTANTLY, there will now be an option for non-lifetime sex registrants to petition to terminate sex offender registration. This huge change in the law will impact both current sex registrants and people who will become sex registrants in the future.
California Now Has 3-Tiers of Sex Offender Registration
Until now, every crime requiring sex offender registration meant that the Defendant had to register as a sex offender for the rest of his or her entire life.
Now, California has 3 different Tiers of Sex Offender Registration. These Tiers are:
- Tier 1 (10 years) — Tier 1 Registration is for a period of 10 years. Sex offenses with a 10-Year registration period include: Most misdemeanor sex offenses (Penal Code 290(c)); Discretionary Registrants (Penal Code 290.006); non-strike felony sex offenses (Penal Code 290(c)); and Welfare and Institutions Wards (Penal Code 290.008).
Tier 1 registrants will also no longer have their faces and personal information published on the internet.
- Tier 2 (20 years) — Tier 2 Registration is for a period of 20 years. Sex offenses with a 20-Year registration period include: All serious and/or violent felonies (Penal Code 290(c)); felony sex offenses where the victim is disabled; sex offenses under Penal Code 285 (incest); and misdemeanor annoying or molesting a minor with a prior (Penal Code 647.6).
- Tier 3 (Lifetime) — Tier 3 Registration remains sex registration for life. Offenses falling under Tier 3 are the most serious and violent sex offenses and include: Offenses with a prior violent sex offense (Penal Code 290(c)); sex crimes under Penal Code 667.61; Persons classified as Sexually Violent Predators (SVP); and certain internet sex crimes.
Tier 1 and Tier 2 Sex Registrants Can Now Petition to Terminate Sex Registration
Registrants falling under Tier 1 and Tier 2, who have been registered for 10 years (Tier 1) or 20 years (Tier 2), can now petition to have their sex registration terminated.
There are, however, hurdles that must be overcome even if the 10 or 20 year time period is satisfied. These are outlined in Penal Code 290.5 and include:
- Current California residence;
- Not in custody or under any kind of probation or parole supervision;
- Not facing current/open criminal charges;
- Proof of current valid sex registration.
If a petition to remove sex registration is filed, and the minimum requirements above are met, the District Attorney can chose to request a Court hearing or not.
If no hearing is requested, the petition is automatically granted. If a hearing is requested, the Court will hold a hearing focusing on public safety if the registration is terminated.
If the Court denies the petition for public safety purposes, the registered person must be informed that he or she can re-petition for sex offender registration removal within 1 to 5 years.
Schwartz & Weinrieb Can Help You Terminate Your Sex Registration — Call Us Today
Schwartz & Weinrieb are Los Angeles’ premiere criminal attorneys specializing in removing Penal Code 290 sex registration. We have over 90 years of experience representing people dealing with sex crimes charges.
We are now fully prepared to take advantage of the new California law allowing termination of lifetime sex registration. If you or someone you love is now eligible to petition for termination of mandatory lifetime sex registration, contact us TODAY and we can begin the removal process.