California’s New Law for Sex Offender Registration Removal
Nov. 23, 2021
According to SafeHome.org, there are 82,751 total registered sex offenders in California as of May 2021. Under California laws, any individual convicted of certain sex crimes must register as a sex offender with local authorities. Unfortunately, being added to the sex offender registry can result in devastating long-term consequences, including restricted residency, employment difficulties, loss of custody rights, and societal prejudice. Thankfully, California’s new laws allow some sex offender registrants to be removed from the registry after a specified period of time.
If you’re a sex offender looking to be removed from California’s sex offender registry, it is imperative that you consult with a highly skilled criminal defense attorney to protect your rights. As the founder of the Law Office of Alec Rose PC, I have the experience to guide clients in their sex crimes cases. I’m ready to evaluate all of the facts of your case, enlighten you about California’s new law for sex offender registration removal, and determine your eligibility. My firm is proud to serve clients across Los Angeles, Orange County, San Diego, Santa Barbara, and the rest of California.
California’s Sex Offender Registration
According to the Sex Offender Registration Act - California Penal Code 290 PC – any person convicted of a sex crime and certain other offenses, while residing, attending school, or working in California, must register with the local authorities:
Every year within five working days of their birthday, and
Every time they move to a new address.
Failure to register as a sex offender is considered a criminal offense that is punishable under the law.
Who Must Register?
Sex offenses that require sex offender registration in California include acts such as sexual battery, child pornography, rape, indecent exposure, and several other sex-related crimes.
California’s New Law
As of January 1, 2021, California modified its rules regarding sex offender registration using Senate Bill 384. SB 384 established a three-tiered sex offender registration system which eliminates the need for a lifetime registration for certain sexual crimes. The three tiers of the sex offender registry include:
Tier one defendants must register for at least 10 years.
Tier two defendants must register for at least 20 years.
Tier three defendants must register for the rest of their life.
Although, Senate Bill 384 came into law in January 2021. However, defendants already on the sex offender registry can file a petition seeking the removal of their name from the registry starting in July 2021.
Tiers Under the New Law
There are three tiers of the sex offender registry created by SB 384. These include:
Tier-One
Tier one is for defendants convicted of the lowest level sex offenses. The offender will have to register as a sex offender at tier-one for at least 10 years if convicted of any of the following sex crimes, including but not limited to:
Misdemeanor sexual battery
Non-consensual oral copulation
Sex by fraud
Enticing a child into prostitution
Penetration with a foreign object
Child pornography
Molesting a child
Meeting a minor with lewd purposes
Indecent exposure
Tier-Two
Tier-two is for defendants convicted of more serious sex offenses. The offender will have to register as a sex offender at tier two for at least 20 years if convicted of any of the following sex offenses, including but not limited to:
Incest
Lewd acts with a minor
Molesting a child a second time or more
Contacting a minor to commit a felony
Tier-Three
Tier-three is for defendants convicted of the most serious sex offenses. The offender will have to register as a sex offender for life (lifetime registration) under tier three if convicted of any of the following sex offenses, which may include:
Murder committed during a sex act
Sexual battery
Offenses involving child pornography
Sex trafficking
Rape (including spousal rape)
Aggravated sexual assault on a minor
Oral copulation by force
Taking a minor for prostitution
Continuous sexual assault of a child
Sex acts with a child younger than 10
Keep in mind that some charges overlap under the tiered registration system. The defendant will be required to register under the right tier depending on the seriousness and severity of the offense committed. An aggressive criminal defense attorney can evaluate your unique circumstances and determine whether you qualify for removal.
Qualifying for Removal
Upon serving the minimum registration period as required by the tier system of your offense, you may file a formal petition to the court seeking the removal of your name from the California sex offender registry. A skilled attorney can determine your eligibility for removal and help file a request that your name be removed from the sex offender registry and California Megan’s Law website.
Removal from Megan’s Law Website
California Megan’s Law website provides information on registered sex offenders pursuant to California Penal Code Section 290.46. Even before completing your minimum registration period, you can have your name removed from the Megan’s Law website. You can proceed by submitting Megan’s Law Exclusion Form to the California Department of Justice.
You may only seek removal from Megan’s Law Website if:
You were convicted of sexual battery by restraint
You were convicted of annoying or molesting a child
You committed a sexual offense that didn’t involve penetration or oral copulation
You have obtained a certificate of rehabilitation
You have completed the probation sentence for the offense
You have obtained an expungement
Nonetheless, your request for exclusion may be still denied if you are considered a “sexually violent predator.” A knowledgeable attorney can help you navigate the California sex offender registry and improve your chances of getting your name removed.
Rely on Skilled Counsel
Getting convicted of a sex-related crime in California is serious and may have devastating, immediate, and life-long consequences on your reputation, quality of life, and professional opportunities. Thankfully, California’s new laws allow some sex offenders to be removed from the state’s sex offender registry. A skilled criminal defense attorney can evaluate your unique situation and determine whether you are eligible for sex offender registration removal under the new rules.
For over 25 years, the Alec Rose Law Office has been handling criminal cases and helping clients navigate the California sex offender registry. As your attorney, I can review and investigate every aspect of your case and help you understand your eligibility for removal from the sex offender registry and Megan’s Law website. Using my in-depth understanding of California’s new law for sex offender registration removal, I will fight aggressively to defend your rights every step of the way.
If you’re looking to be removed from California’s sex offender registration and want to understand your rights, call my firm – the Law Office of Alec Rose PC – today to schedule a case assessment. Don’t wait to benefit from California’s new sex offender registration removal laws. My firm is proud to serve clients across Los Angeles, as well as Orange County, Ventura, San Diego, Santa Barbara, and throughout California.