Terminate Sex Offender Registration
SB 384, PC 290.5, PC 4852, & PC 290.46
Welcome!
Under new California law, there are several ways that a registered sex offender may have his or her duty to register as a sex offender terminated or modified.
These new laws include the ability of the sex offender registrant to petition the court to terminate his or her duty to register as a sex offender pursuant to California's new three-tiered registration system (PC SB 384 & PC 290.5), petition the court for a certificate of rehabilitation (PC 4852), and petition the court for name exclusion from the sex offender's website (PC 290.46).
Our sex crimes defense attorneys have successfully handled hundreds of sex crimes and sex crimes post-conviction relief procedures in the Inland Empire. Below, you will find the new California laws related to terminated or modifying the duty to register as a sex offender in California.
For more information, or to get started on ending your duty to register as sex offender in California, contact our successful sex crimes criminal defense lawyers today. Your consultation is free and discreet, and our private-attorney service is second to none.
Petition to Terminate Duty to Register as 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 (See PC 290 Registration Requirements). The new law is found in California Senate Bill 384 & PC 290.5. This new law takes effect in January of 2021. Essentially, the new 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 the least serious of the sex crimes that otherwise require sex offender registration, including: misdemeanor sexual battery (PC 243.4), misdemeanor indecent exposure (PC 314.1), misdemeanor lewd acts with a minor over fourteen (PC 288(c)), misdemeanor annoy or molest a child (PC 647.6), misdemeanor possession of child pornography (PC 311.11(a)), and crimes for which the court mandated sex offender registration pursuant to PC 290.006, such as statutory rape (PC 261.5(c)) peeping Tom crimes (PC 647(i)), soliciting prostitution (PC 647(b)(2)), 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 level sex offenses, including felony possession of child pornography (PC 311), felony annoy or molest a minor (PC 647.6), felony statutory rape (PC 261.5(d), 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: lewd and lascivious acts on a minor less than fourteen years of age (PC 288(a)) Sex trafficking of a child (PC 236.1 Crimes), sodomy by force or violence (PC 286 Crimes), aggravated rape (PC 261 Crimes), sexual penetration by force on a minor (PC 289 Crimes), sex, sodomy, oral copulation or sexual penetration of a minor under ten (PC 288.7), aggravated sexual assault of a minor (PC 269), kidnapping for a sex offense (PC 209), and more.
Note: The above listed crimes represent only a small portion of the hundreds of penal code sections that are subject to PC 290 sex offender registration. Also, some sex crimes conviction may fall under more than one tier in certain situations. For brevity, only the most common sex crimes are listed above; however, if you were convicted of a sex crime not listed in the above section, contact a sex crimes criminal defense attorney for a free case review related to your sex crimes conviction.
Juveniles & SB 384: SB 384 creates a two-tiered system for juvenile sex offenders. For the most serious of the sex crimes enumerated under PC 290 (list of registerable sex offenses), the new law requires a ten-year sex offender registration requirement for juveniles. All other enumerated sex crimes require a five-year sex offender registration requirement for juveniles.
Per SB 384, a defendant who is convicted of a sex crime enumerated 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 or release from prison, whichever one is most recent in time. Under the same law, a person who is convicted of a sex crime enumerated 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 or release from prison, whichever one is most recent in time.
PC 290 registration requirements do not terminate automatically after the minimum time requirements are met under SB 384. California’s new SB 384 law requires the petitioner to petition for removal after the expiration of the minimum registration period. In other words, a convicted sex offender is not automatically removed from her duty to registration as a sex offender under the new law; rather, she must convince the court that she deserves this relief before the court will grant her petition.
Note: The period of sex offender registration is extended for defendant’s who suffered a subsequent criminal conviction during the registration period. A misdemeanor conviction adds one year to the registration period and a felony conviction adds three years to the registration period. In addition, the registration period is tolled (stopped) during any incarceration period based on a criminal conviction subsequent to the defendant’s sex crime conviction, unless that incarceration period did not result in a new criminal conviction (dismissal or acquittal of the criminal charges).
A petition for removal of sex offender registration requirements under SB 384 should only be handled by a sex crimes criminal defense lawyer. As stated, this new SB 384 law is complicated and replete with many exceptions and confusions to the general rules. This make navigating the petition’s required procedure difficult…even for some lawyers.
For example, a successful petition under the new law may require the petitioner to submit a psychological evaluation for sex offenders called SARATSO. The SARATSO evaluation must make use of the defendant’s criminal history, but the defendant’s criminal history cannot be accessed by most private psychologist who administer the test, and the defendant is not legally entitled to share independent proof of that information from a credible Live Scan report. This is only one of the many obstacles that a non-attorney faces when attempting to draft a petition for removal of the sex offender registration requirement under the new law. In short, contact a sex crimes criminal defense lawyer for assistance with your SB 384 petition.
Note: The good news is that the petitioner is not usually barred from reapplying for relief under SB 384 after an unsuccessful attempt. The court will usually allow the petitioner to refile her SB 384 petition after a certain period of time passes from her prior attempt (3-5 years).
SB 384 Petition Process: The legal process for applying to remove sex offender registration requirements pursuant to SB 384 include: a) Draft, timely serve, and properly file the PC 385 petition with requisite forms and declarations, b) submit proof of sex offender registration status from law enforcement to the court and all interested parties, c) present SARATSO evaluation results to the court and all interested parties (if required), d) present evidence and argument at the hearing on the petition, and more. Petitioners seeking relief pursuant to SB 384 should consult with a criminal defense attorney familiar with this practice.
Petition for Certificate of Rehabilitation
(PC 4852)
California has created laws to assist convicted defendants restore certain rights and privileges that were lost after a criminal conviction. These laws include the right of a convicted defendant to petition the court for a certificate that states he is rehabilitated from his prior criminal behavior (certificate of rehabilitation). A certificate of rehabilitation will allow will terminate the defendant's duty to register as a sex offender in some cases (subject to the granting of a PC 290.5 petition (PC 4852).
Note: An expungement of a criminal conviction, by itself, will not relieve a convicted sex offender from her duty to register pursuant to Penal Code 290 (Sex Offender Registration); however, an expunged criminal record, coupled with a successful petition for certificate of rehabilitation, can relieve some registered sex offenders of the duty to register.
Note: The granting of a certificate of rehabilitation is not available in every sex crimes case; however, for sex crimes convictions that are not eligible for a certificate of rehabilitation, the request for a California pardon might be available. The granting of a pardon by the California governor will also allow a person to terminate her obligation to register as a sex offender in California, but prevailing on a pardon petition is much more difficult than prevailing on a petition for certificate of rehabilitation.
A certificate of rehabilitation requires the registered sex offender to first have her criminal conviction expunged (PC 4852). Not all sex crimes are capable of being expunged, including the following sex crimes: PC 269 (Aggravated Sexual Assault of a Child); PC 286(c) Sodomy by Force; PC 287(c) Oral Copulation by Force; PC 288 Lewd Acts on a Minor; PC 288.5 Continuance Sexual Abuse of a Child; lewd and lascivious acts on a minor less than fourteen years of age (PC 288(a), and more. For these sex crimes, the convicted sex offender will have to apply for a California pardon in order to have her required sex offender registration requirements terminated (See Expungement & California Pardons).
Also, according to new PC 4852, a certificate of rehabilitation will not relieve the defendant from his or her duty to register as a sex offender unless the defendant' has already successfully petitioned the court for relief under PC 290.5. For cases where the defendant had a PC 4852 remedy before the enactment of PC 290.5 (Petition to Terminate Sex Offender Registration), and the newly enacted PC 4852 law precludes that remedy after the fact, the defendant might seek relief in Ex Post Facto laws to overcome this new restriction. This is a highly complex area of law that has not been tested as of this writing. For more information, contact our sex crimes criminal defense lawyers today for a free consultation.
The petition for certificate of rehabilitation is less complicated than the petition for similar relief under California’s new three-tiered sex offender registration system (See above). Also, a certificate of rehabilitation might be sought before the expiration of the time periods listed under SB 384 & PC 290.5.
Residency Requirements: An application for a certificate of rehabilitation may only be submitted by persons who meet residency requirements. In other words, the court will not consider a petition for certificate of rehabilitation unless the registered sex offender has lived within the state of California for at least five years. The residency period is longer for some of the more serious sex crimes, such as continuous sexual abuse of a minor (PC 288.5(a)). Compare: There is no residency requirement under California’s new three-tiered sex offender registration system (See SB 384 above).
Note: All certificate of rehabilitation petitions that are granted are automatically submitted as an application for gubernatorial pardon. Therefore, there is no duplication of effort; however, as stated, some sex crimes are not eligible for a certificate of rehabilitation. In those cases, a direct pardon to the governor’s officer must be submitted (See Certificate of Rehabilitation and Application for Pardon). These petitions should be completed with the assistance of a criminal defense attorney familiar with this practice.
PC 4852 Legal Process: The legal process for petitioning the court for a certificate of rehabilitation and pardon includes: a) Draft, timely serve, and properly file the PC 4852 petition with requisite forms and declarations, b) submit proof of sex offender registration status from law enforcement to the court and all interested parties, c) submit proof of a positive STATIC99 evaluation, d) submit proof of California residency to the court and all interested parties (minimum residency requirements differ depending on the specific sex offense conviction), e) present evidence and argument at the hearing on the petition, and more. The process for petitioning the court for relief pursuant to PC 4852 usually takes about three months. Petitioners seeking relief pursuant to PC 4852 should seek the assistance of a criminal defense lawyer (For more information, see Certificate of Rehabilitation & Gubernatorial Pardon).
Petition for Name Removal or Exclusion from California’s Sex Offender Website
(PC 290.46)
There is an option for some sex offender registrants to have their sex offender status excluded from the Department of Justice’s (DOJ) sex offender website. This option does not terminate the sex offender registrant’s obligation to register as a sex offender; rather, if successful, the sex offender registrant may have her information removed or excluded from California’s Megan’s Law Website (DOJ website). The requirements for exclusion from the Megan’s Law Website are as follows:
PC 290.46(d)(1)(A): An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the person’s only registerable offense is either of the following:
An offense for which the offender successfully completed probation, provided that the sex offender submits to the [DOJ] a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object (PC 290.46(d)(1)(A)(i) Abbrev.).
An offense for which the offender is on probation at the time of his or her application, provided that the sex offender submits to the [DOJ] a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object (PC 290.46(d)(1)(A)(ii) Abbrev.).
Note: An application for exclusion from the DOJ sex offender’s website will be terminated if the applicant commits a criminal offense or a violation of probation during the application process (PC 290.46(d)(1)(B) Paraphrased). Also, California’s new three-tiered sex offender registration law will include law that is intended to slightly modify PC 290.46 applications and qualifications.
PC 290.46 Legal Process: The legal process for petitioning the court for exclusion from California’s sex offender website includes: a) Draft, timely serve, and properly file the PC 290.46 petition with requisite forms and declarations, b) submit proof of sex offender registration status from law enforcement to the court and all interested parties, c) submit proof of a positive SARATSO evaluation, d) submit proof of the required familial relationship between the convicted sex offender and the victim, e) present evidence and argument at the hearing on the petition, and more. The process for petitioning the court for exclusion from the DOJ website pursuant to PC 290.46 usually takes about four months. Petitioners who seek relief pursuant to PC 290.46 should seek the assistance of a criminal defense lawyer.
Note: SARATSO (State Authorized Risk Assessment Tool for Sex Offenders) and STATIC99 are evaluations of convicted sex offenders, which are administered by psychologist who are specially trained to administer the evaluation in order to determine the evaluated person's likelihood of repeating a sex offense. These evaluations are usually administered and provided by the probation department as part of a sentencing report in a sex crime case (PC 288.1).
A successful petition for removal from California’s sex offender website does not relieve the petitioner from her sex offender registration requirements; rather, a successful petition under PC 290.46 relieves the petitioner from her duty to disclose her sex offender registration status on California’s sex offender website. In other words, if the petitioner is successful in her PC 290.46 petition, her status as a sex offender registrant will not be disclosed to the public.
To learn more about how a registered sex offender in California might terminate or limit her sex offender registration requirements pursuant to PC 290.5 (SB384), PC 4852, or PC 290.46, contact our sex crimes criminal defense lawyers today. Our sex crimes attorneys have experience with petitions for certificate of rehabilitation (PC 4852), expungements (PC 1203.4), and petitions for exclusion from the DOJ’s sex offender website (PC 290.46). In addition, we can assist you with finding a private SARATSO or STATIC99 evaluator to complete your petition. Our sex crimes attorneys offer free consultations, and we are available every day of the week to assist you. Call today!
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