Sex Offender Registration Termination

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What Tier System Am I?

Tier 3

Tier 3 registrants are those registrants convicted of the most serious sexually violent offenses. Convictions for sex trafficking a child, sodomy by force or violence, aggravated rape, and sexual penetration by force of a minor, will place a registrant in Tier 3.

Determining your tier can be a relatively straightforward task. However, you do not get to pick your tier. Rather, the Department of Justice (“DOJ”) designates the tiers. If the DOJ has not notified you of your tier designation, contact your local registering agency and have them provide you a tier designation letter.

How Long Do I Have To Register?

How Do I Terminate My Duty to Register?

The California Legislature has created a procedure for those seeking to terminate their sex offender registration. A tier one or two offender files a petition in the superior court in the county in which the person is registered for termination from the sex offender registry on or after their next birthday after July 1, 2021.

(1) the petition must contain proof of the person’s current registration as a sex offender.

(2) the petition must be served on the registering law enforcement agency and the district attorney in the county where the petition is filed. If the county of conviction differs from the county where the petition is filed, the law enforcement agency and district attorney of the county of conviction must also be served.

Example #2: In 1990, Johnny was convicted of a Tier 2 offense in Napa County. Johnny currently resides in Sonoma County and registers with the Sonoma County Sheriffs Department. Johnny would have to file his petition in the Sonoma County Superior Court because that is the county in which he lives in. He would have to serve the Sonoma County Sheriff’s Department because that is the law enforcement agency he registers with and the Sonoma County District Attorney as they are the prosecuting attorney office in Sonoma County. Additionally, Johnny would have to serve the Napa County Sheriff’s Department and the Napa County District Attorney’s Office because that is the county where Johnny was convicted.

After receiving the petition, the registering law enforcement agency must report receipt of the filed petition to the Department of Justice. Within 60 days of receiving the petition, the registering law enforcement agency (and the law enforcement agency of the county of conviction if different than the county where the petition is filed) reports to the district attorney and the superior court in which the petition is filed regarding whether the person has met the requirements for termination pursuant. Within 60 days of receiving the report from the registering law enforcement agency, the district attorney in the county where the petition is filed may or may not request a hearing on the petition.

If the district attorney in the county where the petition is filed does not request a hearing, the petition for termination must be granted if the court finds three conditions have been met:

(1) Satisfactory proof of current registration is presented in the petition.

(2) There are no pending charges against the petitioner which could extend the time to complete the registration requirements of the tier.

(3) The petitioner is not in custody or on parole, probation, or supervised release.

If these three conditions are met, the court must grant the petition. But if the court determines the petitioner does not meet the requirements for termination of sex offender registration or if the petitioner has not fulfilled the filing and service requirements, the court may deny the petition. In denying a petition the court must state the reason or reasons the petition is being denied.

Example #3: Johnny files a petition to terminate his duty to register. The District Attorney does not request a hearing. Johnny, however, forgot to provide proof of his current registration in his petition. The court will deny Johnny’s petition for failing to satisfy the first criteria that the court is satisfied with proof of current registration presented in the petition.

What if There’s a Hearing?

There are two reasons the district attorney in the county where the petition was filed may request a hearing.

(1) the petitioner has not fulfilled the registration requirements.

(2) community safety would be significantly enhanced by requiring continued registration of the petitioner

Usually, it will be straightforward to determine whether a petitioner has completed the required registration period. But sometimes issues may arise. For example, the minimum time for the completion of the required registration period is tolled during any period of subsequent incarceration, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole do not toll the required registration period. Additionally, the minimum time period is extended by one year for each misdemeanor conviction of failing to register, and by three years for each felony conviction of failing to register, without regard to the actual time served in custody for the conviction.

Example #2: In 2012, Johnny was convicted of a Tier 1 offense. Under the Tier system, Johnny must register as a sex offender for 10 years before petitioning for relief. In 2015, Johnny was convicted of a misdemeanor offense for failing to register as a sex offender. In 2022, Johnny petitioned the court to terminate his sex offense.  Because Johnny was subsequently convicted for failing to register as a sex offender in 2015, the registration period was extended by one year. Accordingly, Johnny’s 10 year registration requirement would be met in 2023.

The second reason the district attorney may request a hearing is because they believe that community safety would be significantly enhanced by requiring continued registration of the petitioner. In other words, the district attorney believes it would be too dangerous for the community if the petitioner had to stop registering as a sex offender. At the hearing, the court considers a variety of factors, including:

(1) the nature and facts of the registrable offense;

(2) the age and number of victims;

(3) whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours);

(4) criminal and relevant noncriminal behavior before and after conviction for the registerable offense;

(5) the time period during which the person has not reoffended;

(6) successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and

(7) the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available.

 If the district attorney requests a hearing based on the belief that community safety would be significantly enhanced by requiring continued registration, it is important and highly advisable that you obtain counsel. Let Go Legal is able to advocate on your behalf and demonstrate to the court that your petition should be granted because continued registration would not significantly enhance community safety.

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