SB 384-PC 290 Removal
NOTICE OF LAW CHANGING SEX REGISTRATION REQUIREMENTS:
You have a possible petition for relief from further 290 registration based on a new law, SB 384, that takes effect July 1, 2021.
Beginning July 1, 2021 people with misdemeanor and less serious felony sex convictions will be eligible for possible termination of sex offender registration. (Penal Code § 290.5.) SB 384 does not give relief to everyone; it depends on your conviction, whether you suffered subsequent sex offense convictions and whether you are in compliance with registration requirements. The requirements are strict, but, there are 3 Tiers: Tier 1, Tier 2 & Tier 3. Starting January 1st, 2021, you will be able to find out from the police department or The California Department of Justice what tier you are in.
You may be eligible if:
TIER 1 – 10 YEARS REGISTRATION COMPLIANCE FROM DATE OF RELEASE
- Misdemeanor convictions & no subsequent sex offense convictions;
- Non-serious felony convictions
TIER 2 – 20 YEARS REGISTRATION COMPLIANCE FROM DATE OF RELEASE
- Any serious or violent felony sex conviction (Penal Code §290(c);
- Two or more convictions for stalking on separate occasions;
- Certain offenses involving victims incapable of consent;
- No subsequent serious or violent felony sex conviction;
TIER 3 – LIFETIME REGISTRATION
- There are no benefits for people convicted of certain offenses. Please call the public defender’s office, if the police have notified you that you fall into one of the lifetime registration categories.
THERE ARE ADDITIONAL REQUIREMENTS EVEN IF YOUR CONVICTION FALLS UNDER TIER 1 OR TIER 2.
- You MUST be currently registered;
- You MUST have reported for that minimum period—10 or 20 years—and time starts counting from your release date. Time in custody does not count; any misdemeanor non-reporting conviction extends reporting duty by one year; a felony non-reporting conviction extends reporting duty by three years.
- You MUST NOT be currently justice-involved; that is, on probation, parole, or post-release-community supervision, and
- You MUST NOT have any criminal case pending that may extend the reporting period.
If you qualify, then you should petition for relief from registration. The Fresno County Public Defender’s Office may be able to help you file your petition.
Once your petition is filed, the police department where you register has 60 days to review your petition. They will check to see if you have reported for the required time, and if you are currently registered. Within 60 days, the agency will send their report to the District Attorney. The D.A. can agree without objection or can object on “public safety” grounds which triggers a hearing.
To expedite your application, get a copy of your criminal history from the Department of Justice by submitting a DOJ request for Live Scan Service
Please contact the Public Defender to start the process.
- PLEASE CALL (559) 600-3546 between 8 am - 12 pm or 1 pm - 5 pm
Someone from the SB 384 Unit will get back to you. We look forward to helping you move your life forward and to removing the barriers that registration may have posed to employment or housing. The process will take time. We ask for your patience.