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Penal Code 290: Registration Removal Opportunities

Penal Code 290: Registration Removal Opportunities

Section 290 of the California Penal Code pertains to sex offenses. This Penal Code prescribes various penalties for sex-related criminal offenses in California. Many sex crimes will qualify for registration in the Sex Offender Registry, a publicly accessible database full of listings for registered sex offenders throughout the United States.

If you are convicted for any violation of California Penal Code Section 290, you may need to register as a sex offender for ten years, 20 years, or for life. Section 290 outlines three tiers of sex offenses. The lowest tier, which typically applies to lewd acts and misdemeanor sex offenses, will lead to ten-year sex offender registration. The second tier qualifies for 20-year registration, and the highest tier will mean lifetime registration.

Is It Possible to Have My Name Removed from the California Sex Offender Registry?

If you are a registered sex offender in California and want to have your named removed from California’s sex offender registry, call our firm. It is possible to have your name removed from the California Sex Offender Registry by completing a Megan’s Law Exclusion Form and filing it with the California Department of Justice. Registered sex offenders qualify to file this form if were convicted of:

  • Sexual battery by restraint (PC 243.4a), or
  • Annoying or molesting a child (PC 647.6), or
  • Any offense that did not involve penetration or oral copulation, the victim was the accused’s child, stepchild, grandchild, or sibling, and they have completed probation required with their initial sentence.

It is also possible to qualify for removal from the California Sex Offender Registry by obtaining a certificate of rehabilitation or expungement of the conviction in question.

How to Remove Your Name from a Lifetime Sex Offender Registry

Changes to Penal Code 290 means that even those who have been placed on the registry for life can now petition the court to remove their names from California’s sex offender registry. In light of these changes, those with older convictions who were required to register for life can now potentially have their names remoted. If you’ve been convicted of a sex crime and are looking to have your name removed from the official sex offender registry, contact our firm. The Law Offices of James E. Silverstein has defended people charged with various sexual offenses with both skill and compassion. Our knowledge of the law can be the difference between a lifetime branded as a sexual offender and living a more private life, even after a conviction.

What a Lifetime Sex Offender Registry Can Mean

Sex offender status can interfere with your life in several ways. You could be barred from living in certain areas or working in certain employment sectors. The consequences depend on the nature of your conviction. You could lose standing in your community and even your professional licenses. Anyone in this situation should know their options when it comes to registration removal. While it may be possible for some individuals to qualify for the aforementioned exceptions, most registered sex offenders will need to complete their registration term to qualify for removal from the registry, or they must petition to have their registration tier status reduced before they can qualify.

What Did SB 384 Change?

SB 384 changed the previous law pertaining to sex offender registration, which previously required all convicted sex offenders to register for life. This new bill took effect on January 1, 2021, and all convictions thereafter must adhere to the new rules for sex offender registration. Anyone who completes their assigned registration period can now petition the court for removal from the registry if they meet certain conditions. Specifically, they must not have been charged with any other criminal offense during their registration period.

It’s important to note that if an individual is convicted of a sex offense and sentenced to incarceration and sex offender registration, their required term for registration does not begin until they are released from prison. This means if an individual is sentenced to five years in prison and ten years of sex offender registration, the five years they spend in prison does not count toward their ten-year registration requirement.

Failure to register as a sex offender when required by a formal sentence also qualifies as a crime in California. It is also a crime for a registered sex offender to access the Megan’s Law website; doing so is a misdemeanor punishable by up to $1,000 in fines and six months in prison. At the misdemeanor level, this will add another year to the registration period, and at the felony level, it will add another three years. Rather than try to navigate this delicate process on your own, let us help. If you’ve been convicted of a sex crime and have had to register for life, contact our office for ways to have your named removed.

How Can an Attorney Help With Lifetime Sexual Registration Removal?

The petitioning process for sex offender registration removal is not as straightforward as many might hope it to be. In some cases, prosecutors will challenge such petitions by claiming that the offender’s continued registration significantly enhances public safety. These claims usually hinge on formal risk assessments aimed at determining whether an individual is likely to re-offend.

Your attorney can help you make a more compelling case for sex offender registration removal. They can assist you in gathering evidence that would counteract any claims from prosecutors against your registration removal, such as obtaining a certification of completion of a sex offender rehabilitation program or other proof that you have changed for the better.

The purpose of SB 384 was to better allocate law enforcement resources, allowing them to focus their efforts and attention more easily on sex offenders who are most likely to re-offend while providing individuals who have been rehabilitated to start a new phase of life without their sex offender status lingering over them. If you believe you qualify for sex offender registration removal in Los Angeles or have questions about the process, contact the Law Offices of James E. Silverstein today for more information about how our firm can assist you.

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