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Senate Bill 384 (SB 384) changed the sex offender registration process in California. The legislation replaced mandatory lifetime registration for all sex offenses with 3 tiers, based on the offense. Juveniles are treated differently from adult offenders under SB 384.
The law went into effect in 2021. People who leave California or who have out-of-state convictions can face complications.
Some of the most common questions our California criminal defense attorneys answer include:
SB 384 created the process by which registrants can petition to have themselves removed from the sex offender list and the “Megan’s Law website”.
Most importantly, SB 384 replaced lifetime registration for all offenses with 3 tiers that are largely based on the severity of the underlying offense:1
These timeframes begin when the registrant is released from incarceration or commitment. It gets tolled for any time the registrant is back in confinement.2
The amendments to the Sex Offender Registration Act in SB 384 also set out the criteria for tier designation. While the specific sexual offense is an important factor, courts are to consider:
Judges can also order defendants who have been convicted on charges not listed under the Act to register as a sex offender if the defendant committed the offense:
People ordered by a court to register for an unlisted crime are presumably tier one offenders. However, the court may impose a higher tier if it makes specific findings that it is necessary for public safety.
SB 384 also created the process by which Tier One and Tier Two registrants can file a petition for termination of sex offender registration requirements once they finished at least the minimum mandatory registration period.
If successful, this petition can lead to the offender being removed from the registry. Their personal information will also be removed from publicly available databases.
It is important to note, though, that the registration durations for all of the tiers are minimum time periods. Tier One registrants may end up re-registering every year for life if their petitions for removal get denied.
Note: California’s Clean Slate Laws (SB 731 and AB 1076) have no effect on sex registration and removal rules. They simply provide automatic clearing (“relief”) for non-serious, non-violent, and non-sex-related criminal records.
Registrants submit their petitions to the
The police have 60 days to report its recommendations to the D.A., who then has 60 more days to ask for a hearing to contest the petition on the grounds that discontinuing registration would hurt public safety.
The petition can be filed on or after the registrant’s first birthday following the expiration of their minimum registration period. The petition has to include proof of current registration.5
If the judge rejects the petition for removal, the judge will let the registrant know when they can reapply for removal from the registry. It can be no earlier than one year and no later than five years after the rejection.
Tier Two offenders – who have to register for 20 years – can petition for removal after just 10 years if their offense involved:
Note that Tier Three offenders – who have to register for life – may be able to get early removal if the sole reason for their tier level is a heightened Static-99R risk assessment.
No. Juveniles in California do not have to register as a sex offender for as long as adults. A juvenile’s registration duration is:
To terminate their registration requirements, anyone who was a juvenile at the time of the offense has to petition the juvenile court in the county in which they are registered.7
While SB 384 was signed into law in October, 2017, it only became effective January 1, 2021.8
This means currently registered sex offenders began to petition for their removal from the California sex offender registry following their first birthday after July 1, 2021.
Generally, for registrable offenses that happened in other states, the Sex Offender Registration Act and SB 384 look to equivalent California crimes for registration requirements.
This means that some people who no longer have to register as a sex offender in their state may have to resume registering if they move to California. This can also happen to registrants who leave California for another state.
Where there is no equivalent registrable offense in California, the out-of-state conviction will usually lead to Tier Two obligations.9 However, it will be Tier Three if any of the following are true:
The failure to register as a sex offender is a crime in California. It is a felony if the underlying sex offense was a felony. It is a misdemeanor if the underlying offense was a misdemeanor.11
Sex offenders have to register with local law enforcement every year. They also have to re-register every time they change addresses.
When failure to register is a misdemeanor, a conviction carries:
When the offense is a felony, a conviction carries:
Failing to register as a sex offender also lengthens the minimum registration duration. The time period increases by:
It is not a defense that a registrant had a good faith belief that SB 384 ended their registration obligations. The only thing that terminates their obligation to register is a court order granting a petition for the termination of registration requirements.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.