Are you required to register as a sex offender in California? We have helped many people terminate their requirement to register all over the county. Find out if you are eligible now by taking our free online evaluation.
Being a registered sex offender in California can be very ostracizing. Your movements and job prospects are limited. It becomes even worse when your neighbors can simply look up your picture on the California Megan’s Law website. Fortunately, California law does allow for many registered sex offenders to petition to have their obligation to register terminated. If your obligation to register is terminated, you will no longer have to endure the humiliation of being listed on the sex offender registry. And if you’re subject to public disclosure of the California Megan’s Law website, you will no longer appear on the site. We have handled many of these types of cases all over the country and are exceptionally prepared to help you with your case.
There are different levels of sex offender registration for different levels of offenses and differing circumstances. These levels also dictate the minimum period you must register. These levels are divided into tiers:
Tiers are assigned based on the criteria specified in Penal Code section 290 through 290.024, commonly referred to as the Sex Offender Registration Act. The Act includes adult convictions or juvenile adjudications from California and other states.
Under California Penal Code section 290(e), the minimum period for registration begins upon the date of release from any type of confinement. Confinement includes incarceration in a jail or prison, placement in a facility, or mental health commitment. The minimum time period is paused if you are later confined and resumes once you are released. However, if you are convicted of another sex offense that requires registration before your first registration is terminated, the minimum time period will restart at the highest applicable Tier. Furthermore, for each conviction for failure to register, the time period is also increased. The minimum time period is extended one year for each misdemeanor conviction for failure to register and three years for each felony conviction for failure to register. It’s important to note that a registration obligation in California does not automatically expire. You must continue to register until you have received an order from the court terminating your obligation.
Please see the Frequently Asked Questions for more information.
In addition to meeting the minimum time period as a Tier I or Tier II offender, you must also satisfy other eligibility requirements before petitioning the superior court to terminate your obligation. To have your registration obligation terminated, you must provide proof of current registration, have no pending charges which could extend the minimum time or change your tier status, and you must not be in custody or currently serving another sentence. If you do not meet these requirements and the minimum time period, your request will be summarily denied. Furthermore, you may only petition to terminate your registration obligation if you are actively registering in California. Simply meaning, must be a current resident of the state to be eligible.
A person required to register as a Tier II offender may be able to request that their registration obligation be terminated earlier than 20 years, but the eligibility to do so is strict. A Tier II offender can petition the superior court after a minimum time period of 10 years if 1) the registrable offense involved no more than one victim 14 to 17 years of age, 2) you were was under 21 years of age at the time of the offense; 3) the registrable offense is not a “violent felony” defined under subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (4) the registrable offense is not one that included False Imprisonment and Human Trafficking under Section 236.1.
Typically, a Tier III offender is required to register for life in California. However, there is an exception. If you are designated as a Tier III offender based solely on your risk-level after a SARATSO (State Authorized Risk Assessment Tools for Sex Offenders) static, dynamic, or other violence risk assessment instrument, you may be eligible to terminate your obligation to register as a sex offender. To be eligible as a Tier III offender, you must register a minimum of 20 years since release, have not been convicted of a new offense requiring sex offender registration or that was a “violent felony”, and your registrable offense can not have been under section 288, or a “serious felony” offense under subdivision ( c) section (1) of Penal Code section 1192.7.
If you are unsure of your registration Tier or whether you have satisfied the requirements, we can be hired to determine what your status and accompanying options are.
Beginning on July 1, 2021, you may petition to have your requirement to register terminated in California upon or after your first birthday that occurs after that date. For example, if your date of birth is September 1, even though you have met the minimum waiting period by July 1, you will not be able to file your petition with the court until September 1, 2021, or afterward.
This process is a new one for the entire state of California. Therefore, there is likely to be confusion and delay for the various government agencies who play a role in the termination process. Based on our experience and because so many applicants will be trying to terminate their obligation, in the beginning, we expect the process to take anywhere from 8 to 10 months but this is simply an estimate.
Once you hire us, we get started right away. We charge a flat fee that incorporates all costs. We will do the proper research, compose, and file your petition. We will file any other necessary documents or motions and respond to opposition from the District Attorney. An attorney from our office will also be sent to court to argue your case if a hearing is set.
The flat fee can be divided into payments. The flat fee is also backed up by our low-price guarantee. If you find this service for a less-expensive price, please show us the ad or offer and we will match it.
We will also give you your own login and password to access the online case management system so you can see the latest update on the status of your case.
|Sex Registration Termination||Our Law Firm||Typical Law Firm|
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* In some instances a report from the Department of Justice and/or FBI may be needed, which may require you to be fingerprinted and to pay an additional approximate $25.
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