Facing criminal charges of any kind can be stressful and overwhelming. Suddenly, your future and freedom become uncertain, and you start wondering how these charges will affect the course of your life—at this moment and in the long term. While a criminal conviction can be devastating, those convicted of sex-related offenses often face an additional stigma that will likely impact their lives well after they have completed the terms of their sentences. It used to be that people convicted of sex crimes in California had to add their names permanently to the publicly available sex offender registry. The reasoning was that it was in the public’s best interest to know and identify anyone who had been found guilty of any type of sex crime. However, sex-related offenses range drastically in severity, so someone convicted of a brief incident of indecent exposure decades ago appeared alongside repeat offenders of violent sex crimes. When California passed Senate Bill 384 in 2017, the new legislation established a three-tiered system for addressing and handling sex offenses. Now, those Tier 1 and Tier 2 offenders have the right to petition the court for the removal of their name from the sex offender registry after a specific amount of time. This post will cover how the recently enacted changes to the sex offender registration laws may affect your options after a conviction.
Implementing a Tiered System for Sex Offenses
Under previous legislation, all people convicted of a sex crime, regardless of the severity or nature of the offense, were compelled to register (for life) as a sex offender. For many people wishing to put their mistakes behind them and enjoy a second chance at a productive life, their lifetime presence on the sex offender registry prevented them from several housing and employment opportunities. The far-reaching consequences of the offense followed them everywhere they went, well after they had served time in jail, paid costly fines, and completed other forms of mandatory counseling, community service, or probation.
In an effort to give one-time offenders a better chance at rejoining society, California introduced and passed Senate Bill 384, which launched a new system for handling sex crimes. Rather than simply distinguishing misdemeanor crimes from felony offenses, the Three-Tiered System recognized three levels of offenses. Additionally, it established the opportunity for Tier 1 and Tier 2 offenders to petition the court to have their names removed from the sex offender registry, provided they met the eligibility requirements.
Tier One Applies to Low-Level Sex Offenses
The low-level sex crimes that do not pose a severe public safety risk fall under the Tier One category. Most misdemeanor sex offenses, such as sexual battery, indecent exposure, and inducing sex by fraud, are considered Tier One offenses. Under the newly enacted legislation, those convicted of Tier One offenses have the right to petition the court for registry removal after ten years have passed since they were released from incarceration or commitment.
Mid-Level Sex Offenses Fall Under Tier Two
Tier Two covers sex crimes that are more serious in nature than Tier One offenses. Crimes like incest, lewd acts with a minor under 14, or certain repeat offenses fall under this umbrella. Once your name has been listed on the sex offender registry for 20 years—and you meet other eligibility requirements—you may petition the court to have your name removed from the registry.
Tier Three Applies to the Most Severe Sex Crimes
California law still recognizes certain sex crimes as an ongoing and substantial threat to public safety. Tier Three offenses require lifetime registration as a sex offender, so those convicted of a Tier Three crime may not petition the court for registration removal at any time.
Understanding the Criteria for Each Tier
California’s new sex offender registration laws also specify the criteria for determining the tier designation of a crime. In addition to the specific sexual offense, courts are encouraged to consider factors like the nature of the offense, the age and number of the victims, whether the victim was unknown to the defendant at the time of the offense, whether the defendant has a prior conviction or arrest for a sex-related offense, the defendant’s current risk of a sexual or violent offense, and any other relevant information. If a defendant has been convicted on charges not listed under the amended guidelines, the judge may order the individual to register as a sex offender if they committed the offense out of sexual compulsion or for the purposes of sexual gratification. In such cases, these unlisted crimes are presumably considered Tier One offenses unless the court finds a higher designation more appropriate out of concern for public safety.
Petitioning the Court For Removal From the Sex Offender Registry
Those convicted of a Tier One or Tier Two offense may petition the court requesting that their name be removed from the sex offender registry. Tier One offenders must wait ten years before making this request, while Tier Two offenders must wait a complete 20 years before initiating the petition process. It’s essential to enlist the help of a trusted and knowledgeable California criminal defense lawyer to support you through each step of the petitioning process.
Discuss Your Options With a Trusted Attorney Today
Navigating the petitioning process can be challenging and confusing. Consider enlisting the guidance of a knowledgeable and experienced Los Angeles County criminal defense attorney to ensure that you obtain your desired outcome. Together, you can take the necessary steps to keep your future as bright and stable as possible.
If you or someone you love is facing criminal charges, call Wegman & Levin today at (818) 980-4000 to arrange a free initial consultation with a trusted and seasoned Los Angeles County criminal defense lawyer.
