Understanding California’s Sex Offender Registration Requirements
In California, certain sex offenses carry the requirement to register as a sex offender pursuant to Penal Code section 290. The requirement is commonly referred to as “sex offender registration,” “290 registration,” and “Megan’s Law registration.” What these terms broadly refer to is the obligation to register as a sex offender after being convicted of a sex-related crime. Both felony and misdemeanor sex offenses can require an individual to register, depending on the specific code section and facts of the case. Common offenses that require sex offender registration include rape, lewd acts with a minor (child molestation), possession of child pornography, and indecent exposure.
The Three-Tiered Registration System
In California, sex offenses used to carry lifetime sex offender registration. However, the law has changed, introducing a more discerning system with three levels of registration, referred to as “tiers.”
- Tier 1: Includes less serious offenses, typically misdemeanors, and requires registration for 10 years.
- Tier 2: Requires registration for 20 years.
- Tier 3: Includes the most serious offenses, such as forcible rape, and requires lifetime registration.
In some cases, tier one and tier two registrants may have their registration periods extended, such as when convicted of failing to register.
How to Petition for Removal from the Registry
It is important to note that registrants are not automatically relieved of the duty to register after completing their 10 or 20 years of registration. A petition must be filed in the county of conviction, and a judge will determine whether the person can be removed from the registry. In some cases, the district attorney may contest the petition, resulting in a hearing. If the judge rules against the petitioner, they may be required to register for up to an additional five years before being allowed to petition again.
Exceptions for Tier 3 Registrants
Tier 3 registrants are generally not eligible for removal from the registry. However, there are exceptions to this rule, as well as post-conviction relief options. Even if you are a tier 3 registrant, consulting a defense attorney with experience in sex offenses may still be beneficial to explore potential relief.
The Impact of Sex Offender Registration
The requirement to register as a sex offender is often treated as incidental to other aspects of a conviction, such as jail time or probation. However, the consequences of registration can be severe. Registrants are required to update their information yearly, and this can greatly impact travel and relocation plans.
One of the biggest challenges for registrants is restrictions on being near schools. This can affect a parent’s ability to participate in school activities. In many cases, registrants are also listed on Megan’s List, a public website that tracks the location of registered sex offenders.
How a Criminal Defense Attorney Can Help
While there is limited flexibility in the statute concerning sex offender registration, an experienced criminal defense attorney can help mitigate some of the concerns related to registration. They can assist with petitions for removal or explore post-conviction relief options where applicable.
FAQ- 290 Sex Offender Registration Act
The requirement is commonly referred to as ”sex offender registration,” “290 registration,” and “Megan’s Law registration”. What these terms are all broadly referring to, is the requirement to register as a sex offender following being convicted of a sex-related crime. Both felonies and misdemeanor sex offense can require an individual to register as a sex offender depending on the code section and specific facts of the case.
Common sex offenses that require sex offender registration include rape, lewd acts with a minor (child molestation), possession of child pornography, and indecent exposure.
In California, sex offenses used to carry lifetime sex offender registration. The law has changed to be more discerning with three levels of sex offender registration – referred to as “tiers”. Tier one includes the less serious of the sex offenses, typically misdemeanor offenses. Tier one offenses require the registrant to register as a sex offender for 10 years. Tier two registrants must register for 20 years. Tier three registrants must register for life. Tier three offenses are the more serious of the offense and include forcible rape, arranging and meeting up with a minor for lewd purposes, and felony possession of child pornography. In narrow circumstances, tier one and tier two registrants may have their registration periods extended. For instance, if a registrant is convicted of failing to register for one or more years, the registration period may be extended.
It is important to remember that a registrant is not automatically relieved of the duty to register after completing their 10 or 20 years of registration. There is a petition that must be filed in the county of conviction and a judge will decide whether the petition will be allowed to be removed from the registry. In some cases, the district attorney will contest the removal request and a hearing may be held. If the judge sides with the district attorney, a registrant may be required to register for up to an additional 5 years before he or she can petition the court for removal again. Typically, tier three registrants cannot petition for removal from the registry – there are, however, some exceptions to this general rule. Further, there are some post-conviction relief options specific to tier three registrants. If you are a tier three registrant, it may still benefit you to contact a defense attorney with experience in sex offenses to determine if you are eligible for relief.
The requirement to register as a sex offender is often treated as an incidental to other aspects of a conviction such as jail time and probation. The consequences of having to register as a sex offender, however, can be quite severe. Sex offender registration requires yearly registration, at a minimum, and it can greatly impact travel and relocation plans. One of the biggest challenges for many registrants is not being able to go on school grounds without the school administrator’s permission. This can greatly impact a parent’s ability to be present at drop off, in the classroom, and on school field trips. For many offenses, it also requires the registrant to be on the “website” or “Megan’s List.” The “website” or “Megan’s List” are terms that commonly refer to the website that tracks the location of registered sex offenders. For many felony sex offenses, and some misdemeanor sex offenses, the law will require the registrant’s offense and location be available to the public.