Effective January 1, 2021, the California Senate modified sex registration requirements under Penal Code §290 by creating a three-tiered system.

Tier 1 registrants must register for a minimum of 10 years. Tier 2 registrants must register for a minimum of 20 years. Tier 3 registrants must register for life.

The registration period begins after completion of any period of incarceration and/or placement on probation.

Any subsequent period of incarceration for a new crime will toll the minimum period (i.e., the period of incarceration will not count toward the minimum registration requirement). Further, any failure to register as a sex offender will add between 1 to 3 years to the registration requirement.

Analyzing a registrants eligibility for relief, and applying for such relief, can be a complicated process. In addition, there are a few exceptions to the standard registration requirements so it’s important to have an experienced attorney review your case.

Even if the registrant has met the minimum time-period requirements, pursuant to Penal Code §290.5, the District Attorney’s office may still argue for the denial of the petition citing community safety concerns. An opposed sex offender registration removal petition requires a court hearing, in which the judge will make the final determination.

Finally, several factors can make a registrant ineligible for relief, such as not meeting the minimum time requirements, having pending criminal charges, being in custody, or being on parole, probation, or supervised release.

Dallis Cavallaro with Cavallaro Criminal Law, P.C. is knowledgable about California sex registration requirements and has experience assisting clients with the removal process. If you are currently listed on the California sex offender registry, please contact us for a free consultation.