When a person is convicted of a crime that requires them to register as a sex offender for the rest of their life, it can feel as though they are facing a life sentence. The job of our justice system is to weigh out the needs of society with the rights of individuals. Keep reading to learn about changes in the sex offender registry and how they could affect people.

California Requirements for Sex Offenders

When a person is convicted in California of certain crimes, they are required to register with both a state and national sex offender database. This is in accordance with the Sex Offender Registration Act. They must register their current and legal names, social security number, phone number, physical description, driver’s license information, physical address, professional licenses, email addresses, social media accounts, employer name and address, online names or handles, vehicle information and more.

If they do not register and provide all of the required information to the local police department, they could face an additional prison sentence. Before the changes in 2021, the offender was required to register at specific, regular intervals – sometimes every 30 days - for the remainder of their lives.

SB 384 Will Change the Requirements

Senate Bill 384 became law as of January 1st, but those who are on the registry are not able to file petitions until July 1, 2021 – and then only if they meet certain requirements. The system has three tiers:

• Tier One Offenders: They must register for ten years. These are considered “low-level” sex crimes, many of which are misdemeanors such as a sexual battery or indecent exposure.
• Tier Two Offenders: These people must register for at least twenty years. They have committed what are known as “mid-level” sex crimes.
• Tier Three Offenders: A person in the third tier must register as a sex offender for the rest of their life and cannot petition to have this requirement removed.

After July 1st, offenders in tier one and tier two who have fulfilled the minimum number of years required can petition the court to have this requirement removed from them. The court then has 60 days to make a decision, during which you must continue to register as normal.

Approval is far from automatic but if a person has not committed a new crime since their past conviction and they have consistently fulfilled all requirements under the sex offender registry, then the court might approve their petition.

If you are currently registering as a sex offender and believe that you qualify as a tier-one or tier-two offender, and you have been registering for the minimum time required, contact Law Office of Michael L. Fell at (949) 585-9055 to find out how you can petition the court to remove this requirement.