Being registered on the sexual offender registry might have serious consequences. You could lose out on job prospects, suitable housing, loan applications, and much more. Even moving and making new acquaintances may be out of the question for you, since a simple search of your name may easily result in your full criminal record being displayed to anybody. That is why having your name removed off the registration is such a crucial, albeit tough, task.
The System of Tiered Sex Registries
You may have heard that the sex registry in California is only transitory for a small fraction of individuals who register. The sex registration is divided into three tiers, and the length of time you must be registered depends on whatever tier you are placed in.
Tier 1
Tier one offenders must serve a ten-year sentence. They are removed from the registry and are no longer obliged to register once the decade is up. This tier is reserved for those guilty of low-level sexual offences. Tier one is likely if you are convicted of indecent exposure or sexual battery.
Tier 2
The second layer doubles the time on the registration, allowing for 20 years rather than ten. To be placed on tier two, you must have been convicted of anything more serious than a minor offense but not rape. You may have been convicted of lewd activities with a minor, for example (someone under the age of 14). The conduct is deemed significantly more terrible in this scenario because the victim is a youngster rather than an adult.
Tier 3
If you are assigned to tier three, you will very certainly spend the rest of your life on the sex offender registry. This tier is reserved for those convicted of the most heinous sexual offences. Any conviction for rape, sexual assault on a child, or sex trafficking can land you on the tier three sex offender list.
Your Capabilities
After being placed on the sex offender registry, whether tier one or tier three, you will face several restrictions on what you may do and where you can go. The sex registry is taken seriously in California. Anyone on the list must re-register each year. The registry must be completed within five days of the person’s birthday or address change. Failure to do so may result in harsh consequences such as jail time and fines. This continuous registration allows the state to keep a close check on all convicted sexual offenders and, in principle, permits registered offenders’ neighbors to stay safe.
This means that whenever you relocate, even if just briefly, you must notify local law enforcement of your new residence. Furthermore, you must register in person at the station in order to provide your present location. If you are on the sex offender registry but do not have an address, such as if you are a transient, you must update your address every 30 days. If you have been labeled a “sexually violent predator,” which is a classification given if you commit a sexually violent crime, or if you have a mental health issue that renders you a danger to others, you will be required to register every 90 days, rather than simply once a year. This implies you’ll have to register four times a year for the rest of your life, perhaps.
Megan’s Statute
Megan’s Law was passed by the federal government in 1996 in response to the murder of Megan Kanka by a man on the sex offender registry. Until then, the registry had only been used by law enforcement and not by the general population. The registry became a public list following the passage of the law. Each state has its own set of requirements for what information must be included on the list. Sexual offenders in California must include:
Their given name is
A recent image
Any identifying characteristics, such as your height and weight, eye color, visible scars, and tattoos
The crimes for which you were convicted
This information implies that your life is an open book, and anyone who wishes to search you up, or even simply glance through the sex registry in their area, can learn about the most shameful chapter of your life. There may, however, be options for you to exit the sex offender list sooner.
How to Remove Your Name from the Sex Offender Registry
It is not easy to be removed from the sex offender list before your sentence expires. However, with the help of an experienced attorney, it is doable. The first option is to try to have your case dismissed after serving your jail/prison sentence or completing your probation. This permits you to clear your record of the conviction, but you may still be forced to register as a sex offender. This option is not open to everyone, and if you have committed a serious sexual crime, you will most likely be denied.
The second alternative is to earn a rehabilitation certificate in California. This does not erase your conviction, but it does remove you from the sex offender registry. There are a few prerequisites for obtaining a certificate of rehabilitation.
Your case was already dismissed.
You have not been detained since your initial conviction was overturned.
You are not currently on felony probation.
You have lived in California for at least five years prior to applying.
This, once again, is not an option for people convicted of violent sexual offences. If you are classified as tier three, you will most likely be unable to seek for a certificate of rehabilitation. However, a Governor’s pardon can be granted regardless of the nature of your offense. Whatever your offence was, the pardon will allow you to be released from the registry.
