You may be able to petition for relief from further 290 registration based on a new law, SB 384, that took effect July 1, 2021. 

Beginning July 1, 2021, people with misdemeanor and less serious felony sex convictions will be eligible for possible termination of sex offender registration. (Penal Code § 290.5.) This does not give relief to everyone; it depends on your conviction, whether you suffered subsequent sex offense convictions and whether you are in compliance with registration requirements. The requirements are strict, but, there are 3 Tiers: Tier 1, Tier 2 & Tier 3. Starting January 1st, 2021, you will be able to find out from the police department or the California Department of Justice what tier you are in. 

You may be eligible if: 

 

TIER 1 – 10 YEARS REGISTRATION COMPLIANCE FROM DATE OF RELEASE 

Misdemeanor convictions & no subsequent sex offense convictions; 

Non-serious felony convictions 

 

TIER 2 – 20 YEARS REGISTRATION COMPLIANCE FROM DATE OF RELEASE 

Any serious or violent felony sex conviction (Penal Code §290(c);   

Two or more convictions for stalking on separate occasions;   

Certain offenses involving victims incapable of consent;   

No subsequent serious or violent felony sex conviction; 

 

 TIER 3 – LIFETIME REGISTRATION 

There are no benefits for people convicted of certain offenses. Please call the public defender’s office if you fall into one of the lifetime registration categories. 

 

  THERE ARE ADDITIONAL REQUIREMENTS EVEN IF YOUR CONVICTION FALLS UNDER TIER 1 OR TIER 2. 

  • You MUST be currently registered;
  • You MUST have reported for that minimum period—10 or 20 years—and time starts counting from your release date. Time in custody does not count; any misdemeanor conviction for not reporting extends the reporting duty by one year; a felony conviction for not reporting extends the reporting duty by three years.
  • You MUST NOT be on probation, parole, or post-release-community supervision, or mandatory supervision and
  • You MUST NOT have any criminal case pending that may extend the reporting period. 

 

If you qualify, then you should petition for relief from registration. The Public Defender’s Office may be able to help you file your petition.