California Sex Offender Registry Removal: SB 384 & PC 290.5 Explained

A conviction for a sex offense in California can carry consequences that outlast jail, prison, probation, or fines by decades. The requirement to register under Penal Code section 290 and the Sex Offender Registration Act is often the most lasting one.

For years, most registrants faced that requirement for life. California’s SB 384 replaced the state’s former lifetime-registration system for many registrants with a three-tier system. Beginning July 1, 2021, eligible registrants who complete their minimum registration period can petition a court to terminate the registration requirement.

For eligible Tier One and Tier Two registrants, completing the minimum registration period does not automatically end the duty to register. The registrant must petition the court under Penal Code section 290.5 and obtain an order terminating registration. Most Tier Three registrants remain subject to lifetime registration, although a limited exception exists for certain people placed in Tier Three solely because of their assessed risk level.

The Nieves Law Firm helps clients understand and navigate the long term consequences of a California sex offense conviction, including what registration actually requires and how it may eventually end.

The Three Tiers of Registration 

Juvenile adjudications follow their own, shorter registration schedule: generally 5 years for Tier One and 10 years for Tier Two with juvenile registration governed by Penal Code section 290.008. Juvenile registrants seeking termination use a separate petition process, including Judicial Council form JV-915.

Which tier applies to you depends on more than the common name of the offense. It comes down to the exact Penal Code section and subdivision, whether it was charged as a felony or misdemeanor, any prior or later convictions, risk classification, and a handful of other statutory factors. Two people convicted of what sounds like “the same thing” can land in different tiers.

Can a Tier Two Registrant Petition After 10 Years?

Although Tier Two generally requires a minimum registration period of 20 years, Penal Code section 290.5 provides a limited path for certain Tier Two registrants to petition for termination after 10 years.

To qualify for this early-petition provision, the registrant must satisfy specific statutory requirements. Among other things, the registrable offense must have involved no more than one victim who was between 14 and 17 years old, and the registrant must have been under 21 years old at the time of the offense. The offense cannot be one described in Penal Code section 236.1 or a violent felony listed in Penal Code section 667.5(c), except that a conviction under Penal Code section 288(a) does not, by itself, exclude a registrant from this provision.

The registrant’s subsequent criminal history also matters. After release from custody for the offense requiring registration, the registrant cannot have been convicted of another offense requiring registration or of a violent felony listed in Penal Code section 667.5(c).

Meeting the 10-year threshold does not automatically terminate the duty to register. An eligible Tier Two registrant must still file a petition under Penal Code section 290.5 and satisfy the applicable statutory requirements before a court can terminate registration.

Can a Tier Three Sex Offender Ever Get Off the California Registry?

Most Tier Three registrants are subject to lifetime registration. However, a person placed in Tier Three solely because of their assessed risk level may be eligible to petition after 20 years if the additional requirements of Penal Code section 290.5(b)(3) are satisfied.

A risk-based Tier Three registrant cannot use this exception if registration is required because of a § 288 conviction or an offense listed in § 1192.7(c).

Getting Your Tier and Eligibility Confirmed

An attorney reviewing your situation will typically:

• Confirm your actual tier from the conviction record itself, not just the offense’s common name
• Calculate your true minimum registration period, accounting for tolling and any later convictions
• Flag anything that could disqualify you, such as pending charges, active supervision, or a failure to register conviction
• Prepare and serve the petition, then respond if the district attorney opposes it

How Do I Find Out What California Sex Offender Tier I Am In?

If you are required to register as a sex offender in California and do not know whether you are classified as Tier One, Tier Two, or Tier Three, you can request a tier notification letter from the law enforcement agency where you register. The letter identifies the tier assigned to you by the California Department of Justice.

Your tier is not determined solely by the name of your offense. Depending on the circumstances, classification can be affected by the specific statute and subdivision of conviction, whether the offense was a misdemeanor or felony, prior or subsequent convictions, the number and age of victims, and applicable risk-assessment criteria.

Because your assigned tier directly affects how long you must register and whether you may eventually petition to terminate registration under Penal Code section 290.5, it is important to confirm your official tier rather than estimating it based on the offense alone. An attorney can also review the underlying conviction record and registration history to determine whether the assigned tier appears correct and calculate when you may become eligible to petition for termination.

When Does the Sex Offender Registration Period Start and Can It Pause?

The minimum registration period generally does not run from the date of conviction. Under Penal Code section 290(e), the minimum period begins upon release from incarceration, placement, or commitment for the registrable offense.

That clock can also pause. Later periods of incarceration or commitment can toll (pause) the count. A failure to register conviction can add time on top of that: a misdemeanor failure to register can add 1 year while a felony failure to register can add 3 years.

A subsequent conviction for another registrable offense starts a new minimum registration period upon release from incarceration, placement, or commitment for that offense. If multiple convictions carry different tiers, the highest tier controls.

In short, your eligibility date is not simply “years since conviction.” It depends on your full custodial and criminal history.

Petitioning to End Registration (Penal Code Section 290.5)

Reaching your minimum registration period is one requirement for becoming eligible to ask the court to end registration. It does not end registration by itself. To be eligible, the registrant generally must also have no pending charges that could extend the registration period or change the person’s tier, must not be in custody, and must not be on probation, parole, postconviction supervised release, or another form of supervised release. 

To petition, an eligible registrant generally needs to:

1. File a petition (Judicial Council form CR-415) in the superior court where they’re registered.
2. Show proof of current registration and completion of the minimum period.
3. Properly serve the registering law enforcement agency and the district attorney, plus the agency and DA in the county of conviction if that’s a different county.

After that, the relevant agencies confirm whether the statutory requirements appear satisfied. 

If the district attorney requests a hearing, the court can look well beyond simple eligibility, weighing things like the nature of the offense, the age and number of victims, whether the victim was a stranger, conduct before and after the conviction, time spent offense free, completed treatment, and current risk assessment. The court is ultimately deciding whether community safety would be significantly enhanced by requiring continued registration.

Does every Penal Code 290.5 petition require a hearing?

No. An ordinary Penal Code section 290.5 petition does not necessarily require a hearing. If the district attorney does not request one and the statutory requirements are satisfied, the court must grant an otherwise eligible petition. However, a community-safety hearing is required for a Tier Two registrant seeking the special 10-year exception and for a Tier Three registrant seeking termination after 20 years based solely on risk-level placement. 

What happens if the Penal Code 290.5 petition is denied?

A petition can also fail for reasons that have nothing to do with any of that: a filing defect, improper service, pending charges, or a miscalculated registration period. If a petition is denied after a hearing, the registrant may have to wait before filing again. 

• For a petition under Penal Code section 290.5(a), the court must set a waiting period of at least one year but no more than five years before another petition may be filed. 
• For a Tier Two registrant seeking early termination after 10 years under the special provisions of section 290.5(b), the waiting period is at least one year. 
• For a Tier Three registrant seeking termination after 20 years based solely on risk-level placement, the waiting period is at least three years.

Registration vs. the Megan’s Law Website

Registration and public disclosure on California’s Megan’s Law website are related, but they are not the same thing.

Some people who are still required to register may qualify to apply to the California Department of Justice for exclusion from public disclosure on the Megan’s Law website under Penal Code section 290.46. Being excluded from the public website does not eliminate the underlying duty to register.

By contrast, when a court grants a petition under Penal Code section 290.5 terminating the duty to register, the court must notify the California Department of Justice of the termination.

Why This Matters Before the Case Is Even Resolved

Registration consequences can outlast every other part of a sentence, and they can affect employment, housing, professional licensing, and travel for years afterward. That makes them worth factoring into charging decisions, plea negotiations, and case strategy from the very beginning, not just years later when someone becomes eligible to petition.

Frequently Asked Questions About California Sex Offender Registry Removal

Does Expungement End Sex Offender Registration in California?

No. Having a conviction dismissed or “expunged” under California law does not, by itself, terminate the duty to register as a sex offender. Registration relief is a separate issue. A person who is otherwise eligible to terminate registration generally must obtain relief under Penal Code section 290.5, even if the underlying conviction has already been dismissed.

Do I Need a Lawyer to File a Penal Code 290.5 Petition?

No. California law does not require you to hire a private attorney to file a petition to terminate sex offender registration under Penal Code section 290.5. An eligible registrant may file the petition without an attorney, and a public defender may be able to provide assistance at no cost.

How Long Does a Penal Code 290.5 Petition Take?

The process can take several months or longer. After a petition is properly filed and served, the appropriate law enforcement agency generally has 60 days to determine whether the registrant has satisfied the statutory requirements and report its findings. After receiving that report, the district attorney generally has 60 days to request a hearing. The total time can increase if additional investigation is necessary, the district attorney requests a hearing, or the court’s calendar delays the hearing or decision.

A registrant must continue complying with all registration requirements while the petition is pending unless and until the court enters an order terminating the duty to register.

Is There a Filing Fee for a Penal Code 290.5 Petition?

No. There is currently no court filing fee to file a petition to terminate sex offender registration under Penal Code section 290.5.

Although there is no filing fee, the petition must still satisfy the applicable procedural requirements. This includes filing the appropriate Judicial Council forms, providing proof of current registration, and properly serving the required law enforcement agencies and district attorney’s offices.

Speak with a California sex offense registration attorney