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Terminate Sex Offender Registration in California

8/23/2021

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Los Angeles Criminal Defense Attorney
Petition to Terminate Sex Offender Registration

LA Sex Crimes Lawyer
For over 60 years, Californians convicted of certain sexual-based offenses have been required to register as sex offenders for life.  Over that time, the number of sex offenses in the Penal Code grew, and those convicted of even certain misdemeanor sex offenses became required to register for life.  Registration is harmful to individuals in many ways, including creating substantial difficulty for finding of suitable housing and employment.
note:  Per Penal Code § 290, convicted sex offenders must register with their local law enforcement agency annually, within 5 days of their birthday, or within 5 days of moving to a new residence.  Failure to register is a felony.  If you or a loved one has previously suffered a sex crimes conviction, or are presently fighting an open sex offense case, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

UNDER NEW LAW, IT MAY BE POSSIBLE TO TERMINATE SEX OFFENDER REGISTRATION.  SPEAK TO A LAWYER TODAY TO DETERMINE IF YOU MIGHT BE ELIGIBLE (NOW, OR AT SOME TIME IN THE FUTURE)!

As of January 2021, Senate Bill 384 amended California's sex offender registration laws, eliminating the lifetime registration requirement for a majority of registrants.  The new law created three separate tiers among the sex offenses, with only the third tier (reserved for the most serious offenses) requiring lifetime registration.  The three tiers are as follows:
  • TIER ONE:  Registration for at least 10 years.  Lowest level of sex offenses such as misdemeanor sexual battery and indecent exposure.
  • TIER TWO:  Registration for at least 20 years.  Mid-level sex offenses.
  • TIER THREE:  Lifetime Registration.  Most serious sex offenses such as most cases of rape, child sex-trafficking and other serious sex offenses.

At the Law Offices of Nicholas Loncar, we have closely followed changes in the law, and have sought to help our clients, particularly those who have already been overly punished for a crime in the distant past, move forward with their lives, clean up their records, and avoid negative impacts that a criminal record has on their professional, personal, and family lives.  Since the passage of Proposition 47 (reducing minor theft offenses and drug possession to misdemeanors), and Proposition 64 (legalizing marijuana), we have helped many clients avoid deportation, obtain professional licenses, restore their firearm rights, and no longer be felons.  This new change in the law permits those who have served their time to move on and not be subject to lifetime restraint. 

UNSURE IF YOU QUALIFY?  CONSULT WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY TODAY FOR FREE
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Certain registrants may also apply with the California Attorney General's office to be excluded from internet disclosure.  Those convicted only of certain specified offenses may apply to not be disclosed on the California Megan's Law website, but still must register with their local law enforcement agencies.  Those not yet eligible for termination of their registration requirement may still avoid some of the harms associated with publication of registration status. 

Termination of registration is not mandatory upon completion of the minimum time required for registration.  In order to have a registration requirement terminated, a registrant must file a petition with the court of the county in which he/she registers (not necessarily the county where the original case was handled).  The petition must be filed along with proof of current registration status, and served upon the law enforcement agency with whom the registrant registers, and the District Attorney's office of the county.  If the conviction was in a different state than where the registrant resides, copies must also be served upon the law enforcement agency and District Attorney's office of the county of conviction.  Failure to serve any required parties will result in a denial.

The District Attorney's office(s) and law enforcement agency(ies) have 60 days from the filing of a petition to respond.  There may be a hearing to determine whether a registrant has met the requirements and/or to determine if the registrant poses a risk to community safety.  In Los Angeles, the District Attorney's office and law enforcement agencies were strongly against the amendments created by Senate Bill 384, and will aggressively oppose petitions for termination of sex offender registration. 

**Though interest in terminating your registration requirement may have led you to this page, there may be additional ways to clean up your record, including expungement and reduction to a misdemeanor.  Charges eligible for reduction to a misdemeanor may result in a lower tier, and in some cases, earlier termination of the registration requirement.

IF YOU OR A LOVED ONE HAS BEEN CONVICTED OF A SEX CRIME, OR IS CURRENTLY FACING A SEX CRIMES CASE IN LOS ANGELES, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  213-375-3775.

RELATED ARTICLES:
California Sex Crimes Defense
Proposition 47
Proposition 64
USEFUL LINKS:
California Attorney General Sex Offender Registry Page
California Megan's Law Website
Los Angeles County Superior Court
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