Penal Code 290 Sex Registration
As part of sweeping reform, California made numerous criminal law changes that went into effect on January 1, 2021, including updates to sex registration. Previously, California sex offender laws imposed significant and lengthy registration requirements that severely affected anyone convicted of a sex crime. There was only a slight variation between how the law treated the most heinous sexual criminals and those who were only convicted of a misdemeanor. Now, the new sex registration update offers some offenders a path to get free from registration requirements.
Before the New Sex Registration Changes
California has a lengthy list of crimes it considers sexual offenses. The most severe crimes, such as rape, sex trafficking, and sex acts against a child 10 or younger, have been treated the same way as indecent exposure or inducing sex by fraud. Under the prior laws, you were convicted of these sex crimes, you had to register as a sex offender for life.
Registration as a sex offender includes updating your address every time your move. Additionally, the list is public, so any potential employer, landlord, or dating partner could quickly mark you as a sexual criminal. Typically, at that point, what crime you were actually convicted of became immaterial.
New Sex Offender Registration Changes Creates Tiers
As of January 1, 2021, the California sex offender registry is broken into three tiers based on the severity of the offense. The least serious crimes are put into Tier 1, while the most severe are categorized as Tier 3.
Some examples of the crimes in each tier are listed below. You should consult with an attorney to determine the tier for your specific conviction.
- Tier 1: Misdemeanor sexual battery; indecent exposure; most oral copulation crimes.
- Tier 2: Lewd acts with a minor under 14; oral copulation with a minor under 14; incest.
- Tier 3: Sex trafficking a child; most rape cases; felony sexual battery; sex acts against a child 10 or younger.
Under the new laws, only Tier 3 convictions require lifetime registration as a California sex offender. The length of time you must register for each tier is listed below:
- Tier 1 – 10 years
- Tier 2 – 20 years
- Tier 3 – Lifetime registration.
Because the law is retroactive, if you have been registering for more than 10 years, you may be eligible to have your name removed from the list.
File Petition to Remove Yourself from Sex Offender Registry
However, no provision that automatically removes your name from the California sex offender registry after a length of time. The new sex registration reform requires you to file a petition for removal.
Each petition for removal allows the district attorney to object. There is no guarantee that just because you have correctly registered for more than the required length of time that your name will be removed.
Instead, a judge will decide whether you should be removed. To qualify, you must have completed all terms of your probation and typically avoided any other legal problems. While a speeding ticket may not necessarily be disqualifying, you are petitioning to show you are no longer a threat to society. Therefore, you should seek a skilled criminal defense team to strategize how to present yourself in the best light.
Have you or a loved one been dutifully registering for more than 10 years in Irvine, California? Would you like to determine whether the new sex registration law impacts your case? Set up a free initial consultation with Chambers Law Firm by calling 714-760-4088 or emailing dchambers@clfca.com.
