Removing Your Name From the Sex Offender Registry in CA
The Sex Offender Registration Act in California imposes the obligation for residents convicted of specific sexual offenses to register with the state. Until recently, all sex offenders were required to register for life under California law. However, as of January 1, 2021, that requirement changed, thanks to the implementation of Senate Bill (SB) 384.
The Three Tiers
Under SB 384, California introduced a three-tiered sex registration system that replaces the previous lifelong registration requirements. This new system categorizes offenders into different tiers based on factors such as their offense and risk level.
Those convicted of mid-level offenses, such as lewdness with a minor under 14 or non-forced sodomy with a minor under 14, must adhere to registration requirements for an extended duration of up to 20 years.
This category includes high-risk offenders and mandates lifetime registration. Offenses falling within this classification encompass severe crimes, including rape, lewd acts with minors by force or fear, sex trafficking children, child molestation, and child pornography.
Additionally, sex crimes committed against children aged ten and younger fall into this group
However, some individuals may be categorized as Tier 3 solely based on their assessed risk level rather than their actual crime.
Removal From the California Sex Offender Registry
To be eligible for removal from the registry, individuals usually need to have completed their prison sentence and fulfilled all probationary requirements without any new criminal convictions. They must also demonstrate that they do not pose a threat to public safety.
Once these conditions are met, offenders who want their names removed from the registry must serve the minimum registration period as determined by their tier.
Tier 3 Removal
A registrant who is required to register as a Tier 3 offender based solely on their risk level may have an opportunity to petition the court for termination from the registry. According to California law (PC §290.5), 20 years after release from custody for the registrable offense and meeting additional criteria set by law, these individuals can pursue termination.
Some Individuals Are Eligible For Exclusion From the Megan’s Law Website
Individuals convicted of sexual battery by restraint, misdemeanor child molestation, or child pornography with victims 16 years or older may petition Megan’s Law website for removal if they can demonstrate they fall within its low or moderate risk categories, as they may be eligible for exclusion.
To initiate this process, an application should be filled out and sent to the Attorney General’s Office in California with details about your case. Your submission should include reasons as to why exclusion should occur in your situation.
If you believe you may qualify for removal from public disclosure based on your circumstances, it would be prudent to consult an attorney who specializes in handling sexual offense registry matters for guidance through this legal process.
The Importance of Being Removed From the Sex Offender Registry
Being removed from the sex offender registry can have significant implications for individuals who have been required to register. Here are some key reasons why removal is so important:
Registration as a sexual offender typically involves public disclosure of personal details through public databases or websites accessible by anyone. Being removed from these registries means reclaiming privacy and lessening exposure to possible harassment or social stigma that might accompany being listed publicly.
Improved Employment Opportunities
Your name being included on a sex offender registry can have severe repercussions for employment opportunities, as most employers conduct background checks before hiring individuals. By successfully petitioning to have your name taken off of this registry, your chances of securing gainful employment and rebuilding your professional life increase drastically.
Returning to Normalcy
The stigma associated with being labeled a registered sex offender can lead to social isolation and strained relationships with family and friends due to fear or judgment based solely on registration status. Being removed from the registry can allow you to move forward with your life.
Contact a Los Angeles Criminal Defense Lawyer for Help Removing Your Name from the CA Sex Offender Registry
If you need help, contact us today to schedule a free consultation with a Los Angeles sex crimes lawyer.
The Rodriguez Law Group – Los Angeles Criminal Defense Attorney
626 Wilshire Blvd Suite 460, Los Angeles, CA 90017, United States