California Sex Offender Registry Removal

How To Get Off The Sex Offender List

Some California registrants are eligible to petition for removal from the registry after 10 or 20 years of continuous sex offender registration, depending upon their tier assignment. Eligible sex offender registrants begin the registry removal process by filing a Petition for Termination of Sex Offender Registration in the Superior Court for the county in which they primarily reside and register. The petition must then be served on specific law enforcement agencies and district attorney’s offices, and a proof of service must be filed with the court. The registry removal petitioning process can take up to four months or longer, depending upon the responses received from law enforcement and the district attorney.

In some cases, the district attorney (DA) can object to the petition to terminate sex offender registration. In this case the DA requests a hearing before a judge to determine whether the sex offender registrant should be required to continue registering.

Our law office can help you navigate the complexities of the registry removal petitioning process and, if necessary, the hearing.

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California Sex Offender Registry Removal Experts

When it comes to seeking legal representation to navigate the complex and sensitive process of a California Sex Offender Registry removal, there are several compelling reasons Chance Oberstein is the best attorney for the job.

First, his extensive experience in criminal defense law uniquely equips him to handle cases registry removals. He has a deep understanding of the intricacies of California's legal system, having successfully assisted a multitude of clients in getting removed from the California Sex Offender Registry. His track record of achieving favorable outcomes speaks for itself, reflecting his dedication to securing the best possible results for his clients.

Second, he handles each case with a high level of empathy and discretion. He knows the significant impact that being listed on the sex offender registry can have on various aspects of your life. Including, personal relationships, employment prospects, and your general well-being. With a compassionate and non-judgmental approach, he is committed to protecting your rights and working diligently to have your name removed from the California Sex Offender Registry (also known as the California Megan’s Law Website).

California Sex Offender Registration Changes

Beginning January 2021, California’s sex offender registry became a tiered system. This allows some California sex offender registrants to petition for removal based upon the tier to which the law assigns them. Under the prior law, a Certificate of Rehabilitation was the only means to terminate sex offender registration. Under the new tiered system, a Registrant’s tier assignment determines the minimum time period that each Registrant must remain compliant with the registration law before becoming eligible to petition for removal from the registry. A registrant can confirm their tier assignment by requesting a document called Proof of Current Registration (Form 8050) from the law enforcement agency with which they register. Only sex offender registrants assigned to Tier 3 – Lifetime are prohibited from petitioning for removal, and must register for life under the current law.

Sex Offender Rights in California

As you know, a requirement to register as a sex offender comes with many obligations, but there are a few rights. An attorney can identify your rights in a particular situation, but in general, all registrants have these rights:

If you are not on parole, probation, or other supervised release, you have the same constitutional rights as any other person, including the right against unreasonable searches and seizures. (If you are on parole, probation, or other supervised release, your rights against search and seizure are more limited.)
You have the right to register at an address for which you produce the appropriate documentation, as required by Penal Code section 290.015.
If you provide all of the information requested on the Sex Offender Registration – Change of Address / Annual or Other Update form (FORM CJIS8102S) that you sign during a registration appointment, law enforcement cannot refuse to register your address for failing to answer additional questions.

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California Sex Offender Registry FAQs

Some registrants are eligible to petition for removal after 10 or 20 years of continuous registration, depending upon their tier assignment. Eligible registrants begin the removal process by filing a Petition for Termination of Sex Offender Registration in the Superior Court for the county in which they primarily live and register.
Beginning January 2021, California’s registry became a tiered system that allows some California registrants to petition for removal based upon the tier to which the law assigns them.
When the California Department of Justice cannot immediately ascertain a registrant’s tier assignment, it will assign that person to the “Tier-to-be-determined” category. The Department of Justice then has 24 months to ascertain the tier.
In most cases, a person’s tier assignment is determined by their conviction and cannot be challenged. Sometimes, a tier is determined by another factor such as a sentencing enhancement or a risk assessment score. If a person is required to register for a conviction sustained outside of California, the California Department of Justice determines the “equivalent” California offense and assigns the tier corresponding to that equivalent. If you believe that your tier assignment is incorrect, an experienced attorney can evaluate the records of your case and, if warranted, petition the appropriate authority for a tier reassignment.
Only persons who register in California will be assigned a tier. If you reside outside California and want to know the tier you would be assigned if you moved to California, an experienced defense attorney can provide a prediction. However, the ultimate decision will be made by the California Department of Justice only after a person registers as a sex offender in California.
The sex offender registration requirements are summarized on the Sex Offender Registration – Change of Address / Annual or Other Update form (FORM CJIS8102S) that you sign during a registration appointment, which is available here: However, this form does not address every situation that arises in life, and for these, an attorney’s advice can be helpful. Such situations include:
• How do I know when to register the address of a place that I regularly visit besides my home?
• If I lack a permanent home, how do I know whether to register as a transient or at a particular address I may be staying?
• How can I be permitted to visit my child’s school?
• If I missed my registration deadline, how should I handle it?
As you know, a requirement to register as a sex offender comes with many obligations, but there are a few rights. An attorney can identify your rights in a particular situation.