How To Get Removed From The California Sex Offender Registry

One simple mistake can seemingly lead to years of complications for those who land on California’s sex offender registry. Megan’s Law places restrictions on where registered sex offenders may live, work and who they can associate with.

However, as of January 1, 2021, California has enacted new guidelines on when sex offenders may petition for their removal from the registry:

  • Tier One sex offenders may be eligible to be removed from the state sex offender registry after 10 years. 
  • Tier Two sex offenders may be removed after 20 years. 
  • Tier Three offenders are still subject to lifetime registration requirements.

These new guidelines came into place as a result of Senate Bill 384. Registered sex offenders now can ask for removal from the sex offender registry once they’ve completed their minimum registration period. 

Prior to SB 384, all sex offenders were required to register for life.

What is the California sex offender registry?

The California sex offender registry is a database of people who have been convicted of certain sex crimes like rape, child molestation and production of child pornography. The registry allows the public to view information about registered offenders in their area, including name, address, photo, physical description and criminal history.

The registry was established by California Penal Code PC 290, also known as the California Sex Offender Registration Act, or “Megan’s Law.” The law was named after Megan Kanka, a 7-year-old girl who was raped and murdered by a known sex offender in New Jersey, and it requires the California Department of Justice to notify citizens of certain details about registered sex offenders.

You can find the official California Megan’s Law website and the California sex offender registry database at https://www.meganslaw.ca.gov/.

How does California’s Megan’s Law work?

Under California’s Megan’s Law, convicted sex offenders must register with the local law enforcement agency annually within 5 days of their birthday. They are required to provide information such as their name, address, physical description and criminal history. Some offenders may also be subject to GPS tracking or community notification.

The registry is open to the public, so anyone can search for registered sex offenders in their area. This is intended to help promote public safety by allowing people to be aware of potentially dangerous individuals in their area.

The California sex offender registration system has three tiers:

  • Tier 1 (low-risk offenders): Must register for 10 years
  • Tier 2 (moderate-risk offenders): Must register for 20 years
  • Tier 3 (high-risk offenders): Must register for life

Tier one sex offenses (10 year registration)

Among the crimes that require tier one registration are:

Tier two sex offenses (20 year registration)

Sex crimes that rise to the level of tier two offenses are:

Tier three sex offenses

Tier three status typically applies to the most serious crimes:

It’s important to note that the crimes limited above aren’t exhaustive of all of the crimes that could mandatory registration. In fact, a judge may require someone to register as a sex offend

Can a sex offender be removed from the registry in California?

Yes, in some cases a sex offender may be able to have their name removed from the California sex offender registry. This is typically only possible if the offender has completed their prison sentence and fulfilled all other requirements of their probation, and if they can demonstrate that they are not a threat to public safety.

Additionally, it is important to note that even if an offender’s name is removed from the registry, they may still be required to register as a sex offender in other states.

How do I petition for removal from the California sex offender registry?

Once you’ve served the minimum registration period as determined by the tier of your defense, you may petition for removal from the California sex offender registry. This is done by making a formal petition to the court, which your attorney can help with.

How can I get my name removed from the California sex offender registry website?

Even if you haven’t completed your minimum registration period, it may also be possible to have your name removed from the California sex offender registry website. This is done by submitting a Megan’s Law Exclusion Form to the California Department of Justice.

 A person can ask for removal from the sex offender registry website if they were convicted of:

  • Sexual battery by restraint (PC 243.4a), or
  • Annoying or molesting a child (PC 647.6)

They can also be removed from the sex offender registry website if they have obtained:

Lastly, a convicted sex offender can also ask for removal in the case of:

  • They committed an offense that did not involve penetration or oral copulation,
  • The victim was the accused’s child, stepchild, grandchild or sibling, and
  • They have successfully completed the probation on the offense.

Note that even if a person meets the above criteria, their request for exclusion will be denied if they are deemed a “sexually violent predator.”

It’s also important to note here that it’s a misdemeanor crime for sex offenders to access the Megan’s Law website in any way. This is punishable by up to 6 months in jail and $1,000 in fines.

Can a Tier 3 sex offender get off of the registry in California?

Yes, in some cases a Tier 3 sex offender may be able to have their name removed from the California sex offender registry. This is typically only possible if the offender has completed their prison sentence and fulfilled all other requirements of their probation, and if they can demonstrate that they are not a threat to public safety.

Additionally, it is important to note that even if an offender’s name is removed from the registry, they may still be required to register as a sex offender in other states.

What are the reporting requirements for sex offenders in California?

In California, offenders are required to register annually within 5 days of their birthday. They must provide basic information such as name, address, physical description and criminal history.

For registered offenders who move out of state or into a new county in California, they must inform the local law enforcement agency of their new address within 5 working days.

There might also be additional reporting requirements imposed by the sex offender’s city.

Beyond the basics, registration requirements can vary based on a few different factors:

  • Moving
  • If the sex offender is a transient
  • If the judge declares the sex offender a sexually violent predator
  • If the sex offender is employed or enrolled at an institution of higher education

Moving

Anytime a sex offender moves, they must update their registration information with the local law enforcement agency within five working days of the move.

As well, the registry also includes restrictions on where someone may live.

Transients

If a registered sex offender is a transient, meaning that they do not have a permanent residence, then they are required to register every 30 days.

Sexually violent predators

If a judge determines that a sex offender is a sexually violent predator, then the offender will be required to register every 90 days.

Employment or enrollment at an institution of higher learning

If a registered sex offender is employed or enrolled at an institution of higher education, they must notify local law enforcement and the college/university within five working days of enrolling or leaving the university.

Changing your name

If a sex offender has changed their name, then they are required to register the change within 5 working days.

Is registration on the Megan’s Law website mandatory?

Even if they haven’t completed their minimum registration, a sex offender might be able to have their name removed from the California Sex offender registry website.

This can be done by submitting a Megan’s Law exclusion form if a person:

  • Was convicted of sexual battery by restraint, or
  • Annoying or molesting a child, or
  • If they obtained a certificate of rehabilitation or expungement (more on these concepts below)

How do I find my local law enforcement agency?

In order to register, you must contact the local law enforcement agency in the jurisdiction that you reside in. You can find your local law enforcement agency by visiting https://post.ca.gov/le-agencies and searching for your city or county.

Once you have located the appropriate office, they will provide guidance on the registration process and your specific requirements.

What happens if I forget to register or renew my registration?

Failure to register or renew your registration as a sex offender is a felony in California. If you fail to register, you may be subject to arrest and prosecution under Penal Code 290 PC. Additionally, the court may impose additional jail time, fines and probationary terms for failing to comply with registration requirements.

It’s important that all registered sex offenders take their duty to register very seriously and make sure that they are staying compliant with all of the laws governing them.

What is California Senate Bill SB-145?

Senate Bill SB-145 (SB-145) is a California law that permits judges to decide whether or not to require mandatory registration on the Megan’s Law website for those convicted of certain sex offenses. Those offenses are:

  • Sodomy
  • Oral copulation with a minor
  • Penetration with a foreign object

The law allows the judge to take into consideration factors such as age, prior criminal history and whether or not the person poses a risk of reoffending. This determination will be made during sentencing and can result in an individual being removed from the list or remaining registered, depending on what decision is made by the court.

Speak with an attorney to discuss your options

Navigating the California sex offender registry can be complicated, and the system is intentionally designed to be obtuse. Working with a skilled sex crimes attorney can shorten the amount of time needed for removal and save you the administrative headaches as you work to reclaim your identity.

If you are interested in petitioning the state for removal from the California sex offender registry, we invite you to call our office. Robert M. Helfend is a specialist in sex crimes cases, with over 40 years experience representing cases like yours. Call today – 800-834-6434.