Sex offenses are some of the worst crimes a person can be accused or convicted of. Not only are defendants charged with these crimes faced with severe public outcry and backlash, but the penalties can last for decades. Defendants are often shunned by their friends, families, and communities, even after they have served their time. This is often because their name will be on the publicly available California sex offender registry for years to come. Depending on your situation, it may be possible to remove yourself from California’s sex offender registry.
Removal from California’s sex offender registry can be difficult for most and impossible for some. Those convicted of serious felonies may not be able to remove themselves from the registry. However, those convicted of less serious misdemeanors may be able to do so if specific conditions are satisfied. Defendants convicted of less serious crimes who have not subsequently re-offended are more likely to be successful.
Registration requirements are huge burdens for those who wish to move on with their lives. Our Los Angeles sex crimes defense lawyers can help you figure out if you are eligible for removal from the registry. Call our offices at (909) 861-8075 to schedule a free, confidential legal consultation with our experienced legal team.
Removing Your Name from the California Sex Offender Registry
When defendants are convicted of sexual offenses, they must register under the California sex offender registry. The registry is designed to keep track of defendants the state has deemed dangerous sexual predators. However, the registry also serves to make social pariahs out of those required to register, making it harder for them to readjust to society after serving their sentences. For some, removal from the registry is a possibility.
There are several ways you can have yourself removed from California’s sex offender registry. Under no circumstances will your registration requirements be terminated automatically, even after the completion of your sentence. It is crucial that you speak with a qualified attorney who can help you petition for removal if you meet the necessary criteria.
Removal is possible once your required registration time expires. Depending on what kind of offense you were convicted of, you must register for 10 or 20 years. If this time expires, you can petition to remove yourself from the registry and terminate your registration requirements. However, some defendants are convicted of crimes that require lifetime registration that never expires.
In any case, removal is not guaranteed even if you meet the necessary criteria. If a court still believes you are dangerous or likely to re-offend, you can be denied. Our Glendale criminal defense attorneys will advocate for your removal or exclusion to the best of our ability. Contact our offices to discuss your case.
Removal From the California Sex Offender Registry After Your Required Time Expires
California has recently adopted new legislation that classified convicted sex offenders into three distinct tiers. Offenders in Tier 1 are required to register for at least 10 years. Those in Tier 2 must register for at least 20 years. Finally, Tier 3 offenders must register for life. Generally, more serious offenses will place you in a higher tier. Removal may be possible when your required time for registration has expired.
This tiered system is relatively new and only took effect on January 1, 2021. Before this, all offenders were required to register for life. Defendants convicted before this system can request their tier status from their local registration agency. If you find that you were placed in Tier 1 or 2 and the time required for registration has expired, you can begin the process of removing yourself from the registry. You can apply for removal on your next birthday after July 1, 2021.
The time requirements under the new tiered system are only mandatory minimums. The actual time you spend on the registry could be longer. For example, any time spent in prison for other crimes may toll your registration requirements and add more time. Contact our Long Beach criminal defense lawyers for help getting you removed from the state’s sex offender registry.
Getting a Certificate of Rehabilitation for Removal from California’s Sex Offender Registry
Petitioning for removal from the state’s sex offender registry may require a certificate of rehabilitation. According to the California Penal Code § 290.5, defendants convicted of certain sex crimes who obtain a Certificate of Rehabilitation are relieved of registration duties.
The rules for obtaining this certificate can be found under the California Penal Code § 4852.01. Only offenders convicted of certain misdemeanors who have had their accusatory pleadings dismissed may file for a certificate. In addition, the petitioner must:
- not have been incarcerated since the dismissal of the accusatory pleading,
- not be on probation for another felony, and
- have lived in the state for at least 5 years.
Under the California Penal Code § 1203.4, accusatory pleadings may be dismissed if the petitioner has completed or been discharged from probation and the court decides the petitioner should be afforded relief. The court will set aside guilty pleas or guilty verdicts and dismiss accusations against the defendant, allowing them to obtain a certificate of rehabilitation.
For help obtaining a certificate of rehabilitation and petitioning for removal from the registry, call our Santa Clarita criminal defense attorneys.
What is the Likelihood of Being Removed from California’s Sex Offender Registry?
Your odds of success will depend greatly on the nature of the crime for which you are convicted and your criminal history after your conviction. Typically, offenders convicted of relatively less serious crimes who have steered clear of legal trouble are more likely to have their petitions for removal granted.
Offenders placed on Tier 3, the most serious offenders, must register for life and cannot be removed, barring especially exceptional circumstances, such as exoneration for their conviction. If your offense was a misdemeanor, you probably have a greater chance of success. Your odds of success also go up if you have not been convicted of any other crime since being placed on the registry. Our Diamond Bar criminal defense lawyers can help.
Call Our California Sex Offense Defense Lawyers
If you were convicted of a sex crime in the past and now wish to be removed from California’s sex offender registry, our legal team could help. Call our California sex crimes defense attorneys at (909) 861-8075 to set up a free consultation.