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California Sex Offender Registration Removal Attorney — Penal Code Section 290 PC

How To Get Your Name Off The Sex Offender Registry

When you hire a sex crimes lawyer from My Rights Law, you get a firm with a track record of success in helping clients avoid CA’s sex offender registration requirements and potentially getting removed from the sex offender registry. We’ll clarify your rights and legal options and work hard to help get you the most favorable outcome, given your circumstances. Put your case in the right hands by calling My Rights Law at (888) 702-8882 or completing our secure web form to set up a free consultation.

A sex crime conviction in California is very serious. But one of the worst penalties of a conviction is being placed on the sexual offender registration list. Once on the list, you will be forced to notify the police whenever you move. This requirement is not only burdensome, but your name and picture will be included in a registry that is searchable by the public. Consequently, you might struggle to find peace once you have finished serving your sentence.

Must Every Sex Offender Register For Life?

Not any more. California used to require that someone convicted of a sex crime register for life. In 2021, however, California replaced that requirement with a tiered system. Some people will only need to register for 10 or 20 years. But those convicted of the gravest offenses must continue to be registered sex offenders for life.

What Are The Tiers?

If convicted, you will be placed on one of three tiers:

  • Tier One. Those convicted of the least serious sex crimes will be placed on Tier One and will register for at least ten years.
  • Tier Two. Those convicted of medium-level sex offenses are placed on this tier, requiring registration for at least 20 years.
  • Tier Three. Those convicted of the worst sex crimes are placed on tier three and register for life.[1]

1. Who Is Placed On Tier One?

Some of the crimes that will lead to Tier One registration are:

  • Sexual battery (misdemeanor)—Penal Code 243.4 PC
  • Drawing a minor into a brothel—Penal Code 266 PC
  • Sodomy (most misdemeanors)—Penal Code 286 PC
  • Child porn (misdemeanor)—Penal Codes 311.1 and 311.11
  • Indecent exposure—Penal Code 314 PC

2. Who Is Placed On Tier Two?

These medium-level crimes lead to Tier Two, requiring 20 years of registration:

  • Incest—Penal Code 285 PC
  • Rape of a disabled adult—Penal Code 261 PC
  • Sodomy without force with someone under age 14—Penal Code 286 PC
  • Lewd conduct with a child under 14—Penal Code 288 PC
  • Penetration with a foreign object when the victim cannot give consent due to a disability—Penal Code 289

This is not an exhaustive list. Contact a California sex crimes attorney if you have questions about being placed on this tier.

3. Who Is Placed On Tier Three?

This tier is reserved for those convicted of California’s most serious sex crimes. Tier three requires a lifetime registration. You can be on tier three if convicted of:

  • Sexual battery (most felony cases)—Penal Code 234.4
  • Rape (in most cases)—Penal Code 261
  • Sexual assault against a child (aggravated)—Penal Code 269 PC
  • Sexual acts against a child 10 or younger—Penal Code 288.7
  • Continuous sexual assault of a child—Penal Code 288.7
  • Felony child pornography—Penal Code 311.1 and 311.11
  • Habitual sex offenders

This is not a complete list but includes the most common offenses. At My Rights Law, we can answer any questions about the sex offender registry. We can also try to get you excluded or removed from the list, if possible. Call My Rights Law at (888) 702-8882 or submit our online contact form to set up a free consultation.

What Does Registration Require?

As a convicted sex offender, you must personally register your primary address with the local police within five days of being sentenced, released from custody, or discharged from a hospital or mental health institution. In general, you must update your information every year. You have five working days from your birthday to do so. You must also report within five days when you move to a new address.[2]

If you attend or work at a college, you must also notify campus police that you are a sex offender.[3]

If you are a sexually violent predator, you’ll need to update your information every 90 days. You are considered a sexually violent predator if convicted of a violent sexual offense, and you have a mental disorder that makes you a danger to others.[4]

Can I Get Taken Off The Sex Offender Registration List?

If you are on Tier One or Tier Two, you might petition a court to remove you from the list. You can do so after the 10- or 20-year waiting period concludes.[5] Consult a knowledgable attorney.

You can also be removed from the list by seeking a Certificate of Rehabilitation or a Governor’s Pardon.

1. Certificate of Rehabilitation

You can apply for a certificate of rehabilitation 7-10 years after release from custody or probation or parole if you:

  • Have lived in California for a minimum of five years before you apply
  • Get your case expunged
  • Are not on probation for another felony
  • Have not been incarcerated since the dismissal of your case

Not all sex offenders are eligible for a certificate of rehabilitation. Most significantly, you can’t apply if you were convicted of various sex crimes involving minors.

2. Governor’s Pardon

The Governor of California has the power to issue a pardon, which will relieve you of having to register. Generally, you must have had no criminal offenses for the past ten years, and you should hire a lawyer to help you. The governor is not required to give anyone a pardon. It is entirely at the governor’s discretion.

A governor’s pardon is the only option for those on Tier Three and those ineligible for a certificate of rehabilitation because they committed a sexual offense against a child.

Can I Expunge A Sexual Offense?

Possibly. However, an expungement does not relieve you of the registration requirement.

Is Failure To Register A Crime?

Yes. California has put some teeth into its registration law by punishing those who willfully fail to register or update their registration. Your penalties will depend on the sexual offense which requires you to register in the first place:

  • If you were convicted of a misdemeanor sex crime, failure to register is also a misdemeanor. You could end up in county jail for up to a year and face a maximum $1,000 fine.
  • If you were convicted of a felony sex crime, failure to register is also a felony. Maximum penalties include up to 3 years behind bars and a maximum $10,000 fine.
  • If you have failed to register before, you can also be charged with a felony.

Will I Appear On The Megan’s Law Website?

Most probably. The Megan’s Law website is the name of the public database of sex offenders. Most people convicted of a sex crime in California end up on the website. Any member of the public can search the website and find out you were convicted of a sex crime. Some offenders will have their address listed along with their photo.

However, in certain cases we can request exclusion from a listing on the the Megan’s Law website. We recommend speaking with our attorney to review whether exclusion is an option in your case.

Get A Free Consultation With Our California Sex Offender Attorney

A My Rights Law sex offender attorney can analyze whether you can get your name removed and handle all the paperwork that’s involved. If you have questions relating to a sex offense and the California sex offender registry, we have the experience to answer them. We provide a vigorous defense to anyone accused of a sex crime in California including 290 pc expungement. Contact a sex crime attorney at My Rights Law today for a confidential, free consultation by calling (888) 702-8882 or by filling out our secure web form.

Other sex crimes we defend include: Sexting, Voyeurism

FOOTNOTES
[1] California Penal Code 290(d).
[2] California PC 290.
[3] California PC 290.
[4] California Welfare and Institutions Code 6600 WIC.
[5] California PC 290.5(a)(1).

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