Can I Be Removed from Sex Offender’s Registry in Los Angeles, California
You plead guilty to Penal Code Section 288(c)(1) lewd act on a 15-year-old when you were 19 in 2011—statutory offense, she was in high school, you were a college freshman, you completed 3 years probation, you registered every year on your birthday for 10 years, and now it’s 2021 and you’re thinking “can I finally get off this registry?” You’re married, you have two kids, you have a steady job, you completed sex offender treatment, you haven’t been arrested since 2011, and Senate Bill 384 says Tier 1 offenders can petition for removal from California’s sex offender registry after 10 years. But your lawyer says it’s not automatic, you have to file a petition for Certificate of Rehabilitation under California Penal Code Section 290.5, the Los Angeles County District Attorney will oppose it as standard policy, and the judge might deny it even though you’ve done everything right for 10 years. You’re thinking “I’ve served my time, I completed probation, I registered for 10 years without missing a single year—why do I have to prove I’m rehabilitated to the same government that already sentenced me and released me,” and how to get removed from sex offender registry in California? Senate Bill 384, effective January 1, 2021, created a three-tier system. Tier 1 offenses require 10-year registration minimum—includes PC 288(c)(1) lewd act on child 14-15, PC 314 indecent exposure first offense, PC 647.6 annoying child, PC 261.5(c) unlawful sex with minor. After 10 years with zero violations, you can petition for removal. Tier 2 offenses require 20-year registration—includes PC 288(a) lewd act on child under 14, PC 261(a)(2) rape by force, PC 286/287/289 with minors. After 20 years with zero violations, you can petition for removal. Tier 3 offenses require LIFETIME registration with NO possibility of removal—includes PC 269 aggravated sexual assault of child, PC 288.7 sex with child 10 or younger, PC 288(b)(1) lewd act by force, any sex offense causing great bodily injury. If you’re Tier 3, you register until death. Petition process under PC 290.5 Certificate of Rehabilitation: file petition in Superior Court in county where you reside, must have completed entire registration period with ZERO violations (no failures to register, no new arrests, no probation violations), must prove you are rehabilitated and pose no threat, must have lived in California for 5 years immediately before filing, must provide current address, employment history, completion of sex offender treatment program, evidence of rehabilitation. District Attorney will oppose your petition as automatic policy—they oppose EVERY removal petition regardless of facts. Hearing before judge (no jury), burden on YOU to prove rehabilitation by preponderance of evidence (51% standard). Judge considers: completion of treatment, employment stability, family support, absence of new offenses, remorse. If granted: automatic removal from registry. If denied: can refile after 1 year. Requirements for success: completed entire registration period, NEVER failed to register (even missing one annual registration disqualifies you), no new arrests or convictions, completed probation successfully, completed sex offender treatment program, stable employment, no contact with victim, no violations of terms. The burden of proof is on YOU to prove you’re rehabilitated—but you already served your sentence, completed probation, and the state RELEASED you. The Certificate of Rehabilitation hearing is a second trial where you have to prove your innocence (rehabilitation) even though you already paid your debt to society. And the DA opposes EVERY petition as standard policy—not based on your individual case, but because institutional policy says “oppose all registry removal petitions.”
Can sex offenders get their record expunged in California? YES, expungement is available under PC 1203.4—but it’s separate from registry removal. Expungement allows you to withdraw guilty plea, enter not guilty plea, and case is dismissed. This removes conviction from MOST background checks (employment, housing, professional licensing), does NOT remove conviction from law enforcement databases or FBI records, does NOT restore gun rights if felony, does NOT prevent use for immigration purposes (deportation, denial of citizenship). Critically: expungement does NOT remove you from sex offender registry—these are separate legal processes. You can have BOTH an expunged conviction (dismissed, removed from most background checks) AND still be required to register as sex offender. Background check shows: “Conviction dismissed under PC 1203.4” AND “Registered sex offender under PC 290.”
You need BOTH to fully clear your record: get expungement first (easier—just need to complete probation), then petition for Certificate of Rehabilitation to remove registry requirement. If both granted: conviction dismissed, no longer required to register. Common misconception: people think expungement removes registry requirement—it doesn’t. The registry is a separate civil regulatory scheme under PC 290, not a criminal penalty. Expungement only removes criminal conviction, not the civil registration requirement. The registry is classified as “civil regulation” rather than “criminal punishment”—but tell that to someone who loses their job, can’t find housing, and gets attacked because their face is on Megan’s Law website. The legal fiction that the registry is “civil” rather than “criminal” allows the government to impose lifetime consequences without constitutional protections that criminal penalties require.
What is the new law for sex offenders in California? Senate Bill 384, signed in 2017, effective January 1, 2021. Before SB 384: ALL sex offenders registered for LIFE—no exceptions, no removal except gubernatorial pardon (granted maybe once per decade). After SB 384: three-tier system—Tier 1 (10 years minimum) can petition for removal, Tier 2 (20 years minimum) can petition for removal, Tier 3 (lifetime) NO possibility of removal. Why enacted: California had 100,000+ registered sex offenders (largest registry in nation), lifetime registration for ALL offenses (including teenagers convicted of statutory rape, public urination classified as indecent exposure) created massive registry that law enforcement couldn’t effectively monitor, research showed low-level offenders (Tier 1) have extremely low recidivism rates after 10 years, reduced registry size allows law enforcement to focus on dangerous offenders.
Retroactive application: if you were convicted BEFORE 2021, you can still benefit. Your offense will be classified as Tier 1, 2, or 3. If Tier 1 and you’ve registered for 10+ years, you can petition NOW. If Tier 2 and you’ve registered for 20+ years, you can petition NOW. If Tier 3, you’re still lifetime registration. California Department of Justice is reclassifying all pre-2021 offenders into tiers—this process is ongoing. Why did it take until 2021 to implement a tiered system? People convicted in 1995 were forced to register for life for offenses that would NOW be Tier 1 (10 years). They served 26 years on the registry even though the new law says their offense only warrants 10 years.
How long do you stay on the sex offender registry in California? Tier 1: 10 years MINIMUM—can petition for removal after 10 years if no violations. Tier 2: 20 years MINIMUM—can petition for removal after 20 years if no violations. Tier 3: LIFETIME—cannot be removed, register until death. Registration requirements: register within 5 days of moving, register annually within 5 days of birthday, register within 5 days of changing employment, update vehicle information, email addresses, internet identifiers, in-person registration at local police or sheriff’s office. What happens if you fail to register: felony charge under PC 290(g)(2)—up to 3 years county jail, registration period RESETS—if you were 8 years into 10-year Tier 1 registration and fail to register, clock starts over at ZERO, new conviction makes you ineligible for Certificate of Rehabilitation.
What happens if you get arrested for new offense (even if not convicted): arrest can be used against you in removal petition hearing, judge will consider “any new criminal conduct” even if charges dismissed, registration clock may reset. What happens if you move out of California: must register in new state under that state’s laws, California registration doesn’t end just because you moved, Federal law (Sex Offender Registration and Notification Act – SORNA) requires registration in any state. The registration requirement is classified as “civil regulation” rather than “criminal punishment”—but if you fail to comply, you’re prosecuted criminally with up to 3 years jail. How can the requirement be “civil” but the penalty for non-compliance be “criminal”? And if the purpose is “public safety,” why does missing one annual registration reset the entire 10-year clock to zero? That’s punishment, not regulation. California courts have upheld this system, but constitutional questions remain. If you’re facing registry issues, contact Los Angeles County Public Defender if you qualify by income.
212-300-5196.