California’s Laws on Sex Offender Registry Removal

Updated August 24, 2020

Developments in California law are giving convicted sex offenders an avenue to be removed from Megan’s List. Senate Bill 384 allows a “sex offender” to petition the court for removal from state registries. A “sex offender” is any person that gets convicted of a sexual crime listed under Penal Code Section 290. The new law goes into effect on January 1, 2021. Under current law, registered sex offenders must register as such for life.

The new law moves away from a universal lifetime registration requirement by using a three-tiered sex registration system. Offenders are placed into different tiers on the basis of the specific sex offense that they committed. While tier-one offenses (such as indecent exposure) are the least severe in nature, tier-three offenses (such as rape) are the most severe and are for high-risk offenders.

Under the three tiers:

• Tier one offenders must register as a sex offender for 10 years (and can them petition for removal from registries),
• Tier two offenders must register for 20 years (and can then petition for removal), and
• Tier three offenders are still subject to lifetime registration.

Note that, as with sex offender registries, some offenders can ask for removal from the California Megan’s Law website.

Note too that it is a crime for a person, under PC 290, to:

1. fail to register as a sex offender, and
2. do so when he/she is legally required to do so.

A violation of this law can be charged as either

• a misdemeanor, or
• a felony.

A felony conviction could lead to up to three years in state prison.

Our California criminal defense attorneys will highlight the following faqs in this article:

• 1. Can a person apply for removal from California’s sex offender registry?
• 2. How does the new three-tiered sex registration system work?
• 3. What about exclusion from the Megan’s Law website?
• 4. Is it a crime to fail to register as a sex offender?

1. Can a person apply for removal from California’s sex offender registry?

The Sex Offender Registration Act states that a person must register if he/she is convicted of certain sexual offenses in the State of California.

Senate Bill 384 is a new law that allows some sex offenders to:

1. petition the court, and
2. ask that they no longer have to report to the California Sex Offender Registry.

The statute establishes a tier- based system regarding the registration for sexual crimes. The system has three tiers of offenses, each with its own mandated minimum registration period. These periods are for:

• 10 years,
• 20 years, and
• lifetime registration.¹

A convicted sex offender can ask for removal from registries when he/she has completed the required minimum registration period (as determined by the tier of his/her offense). Persons subject to lifetime registration, though, are subject to lifetime registration.²

Prior to SB 384, all sex offenders were required to register as such for life. The new law goes into effect on January 1, 2021.

Note that the bill was authored by State Senator Scott Wiener of San Francisco. Governor Jerry Brown signed it into law in 2017. The bill’s goal is to improve public safety by:

1. allowing local law enforcement agencies to focus their attention on serious criminals, and
2. allowing these agencies to target those criminals likely to commit a repeat offense.³

2. How does the new three-tiered sex registration system work?

California Senate Bill (SB) 384 creates a three-tiered sex registration system that no longer requires lifetime registration for most offenses.

Tier 1 requires registration as a sex offender for at least 10 years. This is for people convicted of the lowest level sexual offenses.⁴ Some of these include:

• misdemeanor sexual battery, or
• indecent exposure.

Tier 2 requires registration for at least twenty 20 years. This is for people convicted of mid-level sexual offenses.⁵ Some of these include:

• lewdness with a minor under 14, and
• non-forced sodomy with a minor under 14 years of age.

Tier 3 requires lifetime registration. This is for people convicted of the most serious sexual offenses in California.⁶ Some of these include:

• rape (in most cases),
• lewd act with a minor by force or fear,
• sex trafficking children,
• aggravated sexual assault of a child,
• child molestation,
• child pornography, and
• sex crimes against children 10 and younger.

3. What about exclusion from the Megan’s Law website?

Some California sex offenders can also try to remove their names from the Megan’s Law database.

When an individual is convicted of certain California sexual crimes, the law provides that he/she is required to register pursuant to California Penal Code 290 PC.⁷

The California Department of Justice (DOJ) maintains and operates this sex offender database in its Tracking Program. This information is then made available to members of the public via the DOJ’s internet website named “the Megan’s Law website.”⁸

A person can ask for removal from this site if he/she was convicted of:

1. Penal Code 243.4a, sexual battery by restraint, or
2. Penal Code 647.6, annoying or Molesting a Child.

A party can also ask for removal if he/she:

1. committed any offense that did not involve penetration or oral copulation,
2. the victim was the accused’s child, stepchild, grandchild, or sibling, and
3. has successfully completed probation for the offense.⁹

In order to initiate this process of removal, the convicted offender must submit a Megan’s Law exclusion form to the California Department of Justice.

Note that even if a person meets the above exclusion criteria, he/she will be denied exclusion if there is a finding that he/she is a “sexually violent predator.”¹⁰

Note too that a person can seek to be removed from the site by obtaining:

• a certificate of rehabilitation, or
• an expungement.

4. Is it a crime to fail to register as a sex offender?

Penal Code 290 PC is the California statute that makes it a crime for a sex offender to willfully fail to register as one with the local police stations.¹¹

A prosecutor must prove four things in order to successfully convict a defendant under this statute. These are that the accused:

1. was previously convicted of a California sexual crime for which registration was required under Penal Code 290 PC,
2. resided in California,
3. knew he had a duty to register, and
4. willfully failed to register or update his registration.¹²

The purpose of this statute is to assure that persons convicted of sex crimes will be readily available for police department surveillance at all times. This is necessary because the California Legislature has found them likely to commit similar offenses in the future.¹³

The penalties for failing to register depend on whether the original offense the person committed was a misdemeanor or a felony.

If convicted of a sexual crime that is a misdemeanor, then failure to register is also a misdemeanor.¹⁴ The possible penalties include:

• misdemeanor (or summary probation),
• imprisonment in the county jail for up to one year, and/or
• a maximum fine of $1,000.¹⁵

If convicted of a sexual crime that is a felony, or if prior convictions of violating PC 290, then failure to register is a felony.¹⁶ The possible penalties include:

• felony (or formal) probation,
• imprisonment in state prison for 16 months, two years, or three years, and/or
• a maximum fine of $10,000.¹⁷

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. Our law offices provide legal advice that you can trust. We represent people throughout California State, including those in San Diego and Los Angeles.

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