As of January 1, 2021 the California Tiered Registry Law became effective. In order to share information about the new law and help others with the petitions, please document your experiences with the process in the comments below.
Comments should pertain to actual experiences with the Tiered Registry only. In order to maximize the value to others, feel free to include as many details (city / county, conviction history, etc) as you feel comfortable.
All comments not directly relating to experiences with the de-registration process / new law can be added to one of the other articles about the Tiered Registry.
REMINDER: this section is for documenting ACTUAL EXPERIENCES with the Tiered Registry ONLY. All other comments should be made in the appropriate sections. Thank you for your cooperation. ***Moderator***
Please help me to understand: I thought the process of petitioning under 1203.4 is the process of re-opening the case and set aside your guilty plea or no contest plea and to set aside the conviction and dismiss the case. which means you are no longer guilty of that charge. Am i right?
Yes, kinda. That’s the general intent of 1203.4. It makes is so that a real background check will come back “clean”. But some years ago, an amendment was made to PC 290 that basically said 1203.4 doesn’t do anything in regards to how the registry is applied to the person. So for the moment, having 1203.4 will have little to zero affect in regards to tier placing and getting off the registry.
It’s weird. In all the SB-384, it says if you were convicted. But with 1203.4, you aren’t convicted. That’s why we have two conflicting laws and it doesn’t make sense.
Yeah. Same thought has been rattling through my head as well. Like, okay. You still have to register. But the new system requires a “conviction”. So how does the court define this in terms of 1203.4 and anything requiring a conviction? Law is like 99% based on technicalities. No judge rules on the spirit of it as that would require guessing legislative intent. So whats the intent of a ” conviction” here?
@SR
The legislative intent is to waste time on the tax payer’s dime and get through another election cycle unscathed. The legislative intent is to create MORE confusion and in-fighting while securing their own lives and mortgages and tie people up long enough in jail or probation or rehab. They just keep adding layers of insulation to this corrupt system and won’t do the right thing: tear it all down.
2 charges 288c attempted only,
charges expunged and reduced, certificate of rehabilitation issued.
was expecting tier 1 or worst case tier 2.
was given tier 3!
devastated as i see were many others.
I feel your pain. This isn’t over, though. Welcome to the litigation team.
Yes, it’s not over til Janice says it is 🙂
@LA Co – Hang in there this is not over yet. Janice and team are looking to address this with the DOJ sometime soon. Hopefully they will see the error in their ways and it will be a fairly quick fix if not we will all be in this for the long-haul and keep fighting until it is fixed.
For all of us who are adversely affected by this it’s a great time to donate if you can to help Janice and Chance and the team out so they can address this properly.
Totally agree Mr. D. Would love to see the Tier 3 off ramp recommendation come to fruition.
Daam thsts crazy when they made this SB384 they knew exactly what they were doing anyone with multiple sex charges are automatically placed in tier3 with no hope of being free the only chance tier3 sex offenders have is to stand up and fight next time ACSOL needs you dont be afraid stand strong let your voice be heard
Good luck
@ Aero1. It’s not the multiple charges that are causing his Tier 3, it’s the charge of 288 c, it itself. You only get nailed on that if you have two sex charges convicted separately. But 2 felonies part of the same case is not a level 3, only the PC itself. We fought this battle with 288 c previously at the capital and we will be back. It’s ridiculous how they labeled this a tier 3. Never made sense. I understand Lorena G and LE wanted CP offenses on 3 but why 288 c is a three is behind me. Anyone know why? Janice?
John G
Did anyone get information in their letter pertaining to if the Tier level time has passed enough to petition in July or after? My letter says Tier 2 and I’m certain enough time has elapsed, but the letter isn’t clear on that point. Any suggestions on how we can prove that enough years have passed?
Tier 2 is a 20-year wait. You start counting your time from the date of your conviction if you were granted Probation, or from the time you were released on to Parole if you were sent to prison. The time pauses if you were sent back to jail/prison for any reason, and could actually add time overall to how long you have to wait to petition.
So… When were you convicted, and were you give probation (having to do time in county doesn’t matter) or sent to prison?
@ SR, county time, probation over 35 years ago, I think. I know this, but the question will be how to prove it to the court. Janice was good enough to send the DOJ a letter about a year or two ago asking the DOJ to include the date of last felony conviction as required by the 290 law, and it didn’t take long for them to post that to the registry “profile.” I think that date was 1995 but would have to visit the site to be sure. I guess my point is that the DOJ should include that in the letter. Otherwise we may have to get a LiveScan and obtain a copy of our criminal history ($25 or more) but I’m not sure that would be legal evidence since the purpose is limited to correction of the record. I don’t have any of those court records but it could be possible to get a copy at the courthouse. I’m not sure this is a “experience” since it applies to the future, except maybe it pertains to the letter and it’s probably a little soon to sweat it anyway. Thanks for the reply.
If you’ve been registering over 20 years and your birthday is before July 1, 2021 you are eligible to petition the court July 1,2021 . If you’ve been registering less then twenty years, then you must wait for the 20th year (on your birthday) to become eligible to petition the court for your removal from registration requirements. I hope that answered your question .
@Cancel culture
I think our birthday has to be after July 1, 2021, not before. Thanks for the reply.
I called my local PD where I register every year and spoke with the 290 detective regarding my letter . He pulled up my name from his computer and told me my tier assignment is “TBD” . He said he wasn’t quite sure but if I call back after the first week of February he would have a better answer or the classification could change . February because, the detective said he and his partner are going through a webinar with the DOJ the first week of February so they could learn how to work the tier system. My conviction section 261a(2) and 220 pc .(in 1993) and I have a COR on my file since 2014. With the COR under the old law having a COR with those code sections require and governor pardon . Hopefully this COR with the new law will at least switch the TBD to a tier two in my case . I do believe that COR made the difference from being placed on tier 3 to TBD because DOJ isn’t certain where I should be placed . Comments are welcome.
I think EVERYONE here has a birthday before July 1 , 2021. Since that date hasn’t actually been reached yet.
@ Cancel culture, I have the same penal code of 220pc I too received an expungement and later COR but just like you I continue to register every year as their is no misdemeanor that could be replaced for this particular penal code as least that’s how they explained it to me. Maybe @ Janice could chime in on this, I have yet to find out my tier determination, at this point I don’t hope for much. What I would like to say is how do you justify someone being placed on tier 3 even though they have a COR which means they have been deemed “rehabilitated” and do not present Any danger to society? The COR is given by a judge, but yet because of a technicality even though you have been deemed rehabilitated you’re still a danger and are considered “the worst of the worst”?
Jury Duty Calif,
I listened to the latest ACSOL recording and it was stated you cannot be on a jury as a sexoffender? I was convicted as a misdemeanor/indescent exposure and just completed jury duty in westminster ca. On the jury pre regestering form its says you cannot be a ca. jurer with a FELONY sex offense. Just to be clear…
Once my felony conviction got reduced to a misdemeanor under P.C. 1203.4, I was able to serve as a juror. There was no box on the summons to check regarding being under P.C. 290. Either they didn’t pay attention to my registration status or they were in desperate need of jurors.
@BA – You are correct. It is only registrants convicted of a felony who are excluded from jury service.
You mean there actually is a benefit to having a felony? Actually, I would love to be picked for duty. I would purposely screw with the verdict just to prolong the trial and hose up people’s lives. Why not have some fun with the system at other’s expense? Isn’t that what they are doing to us?
That would be cool especially if there was a person in the hot seat facing what we are all dealing with now by submitting a not guilty . Especially because a vase part of the DA case is most likely B.S. fabrication presented to them by a rogue law enforcement soul. Don’t mistake for one minute law enforcement report fabrication doesn’t exist because it does .
@Anon1 you are exactly right maybe DOJ is realizing these certain code(s) such as ours need to be looked at a little closer ;especially, if there’s a COR attached to the person’s criminal history sheet . Hopefully the DOJ is considering the COR because in all reality in this perfect society a COR -like you stated – is a certificate granted by a judge because “the person “ has been deemed Rehabilitated and that “person” is no longer a threat to society. I praying for a positive outcome . Surely this whole scheme has been counterproductive in my life at every sense of the word’s meaning. Good luck .
To: Cancel culture,
I pray that you get Tier 2. I have been on this boo-boo since 1995 (288c). I am harassed and provoked by Lancaster / Palmdale Law Enforcement everyday. Prayer works for me… Along with a Bulldog Lawyer named “Janice” Grrrrr!
Thank you sir . What goes around comes around for those who screw with you during your annuals or harass you otherwise , they to could be in this hot seat at anytime . They really need to be careful who they screw with . Good luck sir and thank you for your service.
AV Homeless Veteran, Did you get assigned a Tier? If so do you mind letting us know? I have not received a letter yet but am still hopeful since I am as well 288c
Thanks
To: alienated,
No Tier Assignment yet. My January Appointment is today Jan 27, 2021 @ 10AM. I just called @ 10:02am and left a voicemail message. I will update my Tier Status once I speak to my reg·is·trar…
reg·is·trar
/ˈrejəˌsträr/
noun
an official responsible for keeping a register or official records.
Good Thoughts headed your way
I got my Tier 3 assignment today
Has anyone heard from AV homeless veteran ? He had an appointment on the 27th to get his tier letter he said on his post then never heard anything else from him I hope he is ok ?
My experience here in Florida. Just heard back from the FDLE. They stated that if you were to move back to california right now , you would still have to register. Florida wants me to continue to register. California’s removal process is not automatic, wherefore if you live out of state in a place such as Florida, we maybe doomed because they want to see that you have been removed by the other state where you were convicted automatically. i live in Florida with a California conviction, with no way to petition for removal. California doesn’t have a way for me to request removal except applying for a Traditional pardon because i dont live there. Janice theres got to be away for a person convicted of A California offense who lives out of state to apply! Florida also stated that if you are removed from the California registry that they will compare your crimes to the Florida laws and if it matched their crimes, they will try and keep you on the registry.
@BAM I’m out of state myself, left California 30 years ago. I am assuming that we will probably need to lawyer up when it comes our turn. We’re stuck in a no man’s land which makes no sense. We were placed on the Calif registry by Calif, yet Calif provides no provision to remove us. In fact, we are not even ON the Calif registry (or at least I’m not). So this raises another question: How can they remove you from something you’re not even on?? If we’re not on it, and therefore cannot be removed, then it seems to me we need to take it up with the state we’re in, like you did. But in order to get removed from the state we’re in, they’ll need proof that we have been removed from the Calif registry, which is not possible because we’re no longer ON the Calif registry! I’m really scratching my head over this one, and we’re not alone. There are probably hundreds of us in the same boat.
@hopingforhope just curious if your not on California’s hit list why are you concern if you live out outside of California. If you are not on California’s hit list I’m hoping you aren’t registering in the state you are living in . The state you are living in they would have absolutely no clue unless you have been convicted there for a similar offense ,otherwise ,you should be a ghost in the state you are living .
Unfortunately, the law doesn’t work that way, at least not in this state. I’ve even had two lawyers look into this for me. Because I’m a lifer in Calif, I have to register as a lifer here. There’s no way around it as it is state statute. Had I been convicted here, I would have been off the registry 20 years ago. Perhaps other states are different, I don’t know. The only way I can be removed from lifetime status in this state is if Calif. tells them I’m off the registry. Doesn’t really make sense. Because I haven’t been registered in Calif for nearly 30 years and therefore ineligible to petition, Calif can’t remove me. All I know is that when it’s my turn to petition, I will be ready with lawyers in both states.
Why don’t you just establish a residence in CA? Keep your current residence but establish another. Rent your own place or find a fellow PFR who will rent part of their residence to you ($1/month would be good).
The rest of this comment is just an interesting aside. I’ve debated this with a LOT of people for way over a decade …. say that you have several homes in the state in which you live. You Register all of them with the criminal regime(s). Are you free to travel between the homes whenever you feel like it?
When you do travel between homes, do you have to tell any criminal regime?
My contention has always been that you do not have to tell the criminal regimes. A person has complied with the law by telling them about the homes. It doesn’t make any “public safety” sense in any way that they must be told when a person will be at a specific residence or not. All the “locals” need to know is that a super dangerous PFR may be in that area at any time, whether they know it or not. They should never let their guard down. So, it is not a public safety issue at all. It is a criminal regime harassment issue. It is a “keep the law enforcement criminals busy doing paperwork so they can ask for bigger budgets and more $$$$$” issue. Local criminal regimes like to know so they can better coordinate their PR stunts that they call “compliance checks”. They need those PR stunts to ask for more $$$$$.
If the homes are in multiple states, it does not make any more sense that a person should be forced to communicate with the criminal regimes all the time.
These criminal regimes should be sued constantly, for anything possible. Everyone should also be working to keep resources and capabilities from them as well. If they use resources just to harass citizens then we have to take everything we can from them and work to ensure they are dysfunctional and ineffective.
Big government with Hit Lists does not exist to help you. They exist to harass your family.
@WillAllen Well stated ! Screw those corrupt pencil fabricators POS , the less you give them ( and not tell on yourself) the better off you are and less intrusion on your personal liberties ! Bottom line , DON’T TELL ON YOURSELF PEOPLE !
@Will Allen. Believe me, I’ve thought about it. Wouldn’t consider anything without legal counsel- too much at stake- but if that’s a viable option, I will seriously look at it. This does raise an interesting question: What happens if someone returns to Calif and petitions? Does your registration requirement clock start over? If you didn’t spend that time in California, maybe it does. I don’t know how that’s going to work.
@HopingForHope, it would make the most sense that the counting starts upon release, period. Even a FTR adds years without the count starting over, if I’m understanding it correctly. Only a new offense can restart the count.
I’ve been calling my registration station over and over again and nobody will answer. I even went there and it’s been closed because of COVID. I just don’t know what to do anymore to get my tier assignment letter.
To Had it, I found out from another registrant that his tier had changed. We had the same charge so I figured mine changed also. I am in an unincorporated area so my registration falls under the San Diego Sheriff dept.
I called and was told I could come down and fill out the form which they send in. I received my letter 4 days later and I went from teir1 up to Tier 3. I am now considered John Garner. Been off probation 8 years with no issues. Nobody is sending any info out to us here. Thank God for the ACSOL to get some kind of information
290 registrant.
@ Had It: My advice is contact ACSOL and perhaps a letter or phone call can be sent/made in order to get you an answer or some action. Good luck!
(LEOs gladly enforce these f****** registration laws against us to persecute us at every opportunity! So they don’t just get to disregard them when it’s inconvenient or disadvantageous for them!)
I would like to share with all of you, who are living with the 290. I’ve completed my annual this week in Oceanside California.
Side note: Oceanside PD are always very professional, and treat this as it is, an administrative act. They’re always respectful and courteous.
I received my tier notification letter on request. As I expected Tier 2.
After 30 years of Registration. I am so grateful for ACSOL efforts to bring the tier registration to California. Now we all have a chance for relief.
Let’s hope San Diego DA’s office treats this as it is, an administrative process, and release all of us from this punishment. Time will tell, and I am very hopeful this will be the DA’s course of action.
@SDNATIVE
Breath of fresh air! No snarky comments. Nothing but appreciation and clear communication?
I also deal with a small PD and my registration is usually simple and without drama these days.
I asked for my tier assignment letter independently of registration and they gave it to me the next day. Also tier 2. I have over thirty years of dealing with this ……. tend to get some perspective. Thank you for your comments.
Steve D, Thank you for your positve comment as well.
Is not the ACSOL forum to share positive and factual information. To allow all of us to navagate through living with the 290. To support each other with our common consequences of our past action, and by doing so, help to live a normal life. To be apart of society as we strive to never repeat our past transgressions. Too show society we’re capable of doing just that.
Can someone explain to me the rush to receive this tier assignment letter. From what I have read here, after chasing down this letter, everyone is in the tier they expected to be, or is in a TBD position. Do you need this letter to apply for removal? Do you need it to tell you how much longer they are going to fuck with your life?
I figure just go about your life as if the system never had changed.( which it basically hasn’t for majority of us.) They are going to drag their feet on removals anyway, and the Covid is making things even slower. Just causing yourself anxiety over something that will either happen or not.
Even money odds they change things within two yrs and half the people removed will be back on because of some stupid new bill introduced. Like that hasn’t happened at least 100 times over the past 20 yrs.
Way too Long ~ I have to agree with you. Who knows if they will add or remove offenses for a certain tier in the future? Why? Because the can. That has always ticked me off the most. People are off, have a COR, are not publicly listed, etc, and then they are back on later. We need to abolish the registry in its entirety, otherwise, they will play their games for years/ decades to come. They just make up new laws as they please, and one can never fully feel relaxed or “free”.
@way too long – Not a glass half full guy are you?
Used to be a very optimistic person. Always looked for the silver lining. Since my ordeal and subsequent life being on this rollercoaster, not so much. Find it easier not trust or count on others, or expect positive outcome. Taking a chance or hoping in this environment is akin to walking into oncoming traffic and expecting all the cars to avoid you. Besides, look at the history of this whole circus.
Ah, but THIS time Biden gets to ride donkey some MORE on the tax payer dollar!
Well until Harris takes over that is.
Not here, dude. Stay on general point or go somewhere else.
A friend of mine from my group therapy days just told me received his tier designation and it’s Tier 1. His original conviction was felony 311.11a (CP Possession). He did 5 months in county and was given 5 years of standard probation. After completion of everything, he filed for a 1203.4 and 17b and was granted both.
So it seems like my previous theory is currently holding true that it’s not DOJ ignoring 17b’s for the purposes of tire placement, but that they’re reading the tired law verbatim and are placing people according to whether or not the conviction code in the tiers was written specifically as Felony, Misdemeanor, or non-specific. So if your Tier 3 code is one of those where the law specifically says “felony” like my friends CP conviction, your 17b should result in your placement in Tier 1. But if it doesn’t specifically mention this and instead simply shows the penal code, then 17b doesn’t seem to have any relevance even if the original conviction was a misdemeanor.
So this isn’t so much the DOJ being dicks, but that the law was poorly written. I don’t know if trying to sue the DOJ directly will work as I can see the judge stating that they’re not doing anything wrong and are following the letter of the law (the same thing the courts told DOJ regarding early parole of Prop 54 that the verbatim langue of the prop wasn’t specific about RSO’s and thus didn’t allow their exclusion).
This will probably require having the law amended rather than going through courts (unless there’s something specific in the law about how misdemeanors should be handled irregardless of it involving sex offenses).
@SR:
That’s an interesting perspective, and it makes me think that I really should go pick up my letter. I took a felony 288.2(b) PC in 2013, when the only difference between the (a) and (b) count was “use of computer” (mine). Both were wobblers. The law later changed to where the (a) count dealt with sending cp to minors, a clear attempt to get some convictions for the teen ‘sexting’ craze.
When the new tiered registry came into being, I saw my offense was listed as tier 3 with no differentiation between felony and misdemeanor, but as with the old version of 290, the misdemeanor flavor of my offense is STILL actually non-registrable. So using that logic, and following your theory, I should wind up tier 1 because the misdemeanor 288.2 is still a non-registrable offense.
But I’m not counting on that. I expect to be 3 or TBD. But I’ll let ya know.
Forgot to update. Single charge of 288.2(b)(1) from 2013. No jail time, 5 years formal probation modified to non-reporting after 4 years. Reduced to misdemeanor and expunged in 2019 = Tier 3.
I live here in Florida , the DOJ has placed me in a TBD status For 243.4a sexual battery (felony) per the FDLE . Florida has us listed per Sorna law to register for 20 to 25 years after all sanctions, meaning, your time starts after parole or probation. It’s very confusing as they claim to still check with California for my status of relief. I received a letter from Janice stating that out of Staters are no longer in the California Jurisdiction for relief. Florida is using a double standard, they claim that per California you still have to register but if California was to release me then they will still try to make it hard here in Florida for removal. The state of Florida try’s to always pull the rug from under your feet every time that you reach the finish line. I will be able to petition the State of Florida -Go in front of a Judge to plead for removal because my 20 years from the day that I got off of parole July 16th 2001 in California. July 16th 2021 will be 20 years after all sanctions with no subsequent cases or any other cases. The state of Florida changed the finish date in the year of 2007 from 20 years to 25 years of registration. They always try to pull the rug out from under you. Very few have been relieved from the registry by applying for removal in 20 years hear in Florida
Yeah basically just kicking the can further, long enough so the world moves on and none of these stories get any publicity. But when they arrest you, charge you, and “secure a guilty verdict” to sentence you they do it as loud as they can and through every media outlet they can.
Then they cover it up. They are the coldest of crooks and do it worse in Kalifornia and states like it than people would even believe.
Just received my Tier 3 verbal notification. To anyone who is has lost hope, hang in there. I have been transient / homeless since 2009. I am a WARRIOR who Prays, Meditates and has a Rottweiler Attorney named JANICE. Donate and continue to share your experiences, you are helping, fret not!
Psalms 37: verses 1-2
1) Fret not thyself because of evildoers, neither be thou envious against the workers of iniquity.
2) For they shall soon be cut down like the grass, and wither as the green herb.
Have you thought about sharing your story here in the “Life as a 290” section. While tragic, You can be an inspiration to those not knowing where their life is headed. I have found that those in the darkest places are usually the strongest for surviving. You sound like you could be one of those survivors.
Went for my annual registration today, received my DOJ Tier letter, and saw I am assigned to Tier 3 – Lifetime, and my heart just dropped. It’s just the same as it’s been all along, today’s no different than it was yesterday…but it feels like a death sentence today, because I had been so hopeful I’d see a Tier 2 there; I was hoping against hope I’d soon be done with the registry after 20 years on it. 261.5, 288A(B)(2), 288(C)(1), 278, 288.2(A). Convicted in 2000, released from prison 2003. I am not the same man today I was then, mentally, emotionally, physically, or spiritually. But here I am. And so it continues…. Still, I celebrate with you all who are getting 1 and 2 assignments.
You weren’t alone then and you aren’t alone now. Everyday there’s people reading these stories and connecting the dots. The effort against rso’s as a whole is relentless as ever. Nobody’s the same after all this. But that’s a good thing, it means you got wiser. You got tougher. And you got smarter.
Most of all, it means you broke away from the illusion they sold us all that there’s “nothing going on here”.
Well I got my TIER letter today from the Orange County Sheriffs Department. Of course, just as I thought TIER 3. PC 288.2(B), PC 311.11 (A) Misdemeanor, PC 311.2(D) Felony from 2002. The only thing I can say about it is exactly what I expected based on looking at the TIERS list, however, I honestly thought that if a person didn’t have a PC667.5, or a PC 1192.7 enhancement you would be a TIER 1. Never touched anyone, or even thought those thoughts. My “victim ” was a friend of the family and testified in court on my behalf that I never touched him. Examined by a doctor, passed all polygraphs, successfully graduated form Sex Offender Therapy, successfully competed Probation, etc.
I am not surprised I am a TIER 3. This whole system is incredibly inconsistent and unfair. Since I have already been on the list and on the website for the last 20 years, there really is no change in my situation , and my employer knows and could care less, as well as my friends and family.
It is hard to believe that this FREE AMERICA has a list of people like this and mark passports. It’s unbelievable and outrageous! Oh well, for know it is what it is. I hope and believe that in the future my codes will be put into a more SANE TIER like 1 or 2, and I am certain that someday a TIER 3 will be able to eventually get off the list, Until then, I will still live my life as I see fit and I will still have my Disneyland Annual Pass and still go to the Beach and the Park, vacation, and enjoy everyday. I pray someday when this is all over, I can move to the Philippines or possibly Holland or Switzerland.
Good Luck Everyone!! 🙂
Richard ~ I see what you are saying. If I read SB384 correctly, only a felony described in Section (c) of SB384 that is also listed as a serious or violent felony should be a Tier II or Tier III. If it is not listed, it should be Tier I? Can you consult with an attorney, or am I reading this wrong? They may have “assumed” you need to be in Tier III because you are already publicly listed? The law is so confusing, but that is my take on it. I had to correct my attorney a few times since he was not aware of the law.
Well screw their tier 3. They make as crooked a road to follow as they can and tell you not to drop a bead of sweat while laying out piping hot asphalt before each step.
But they absolutely can keep giving themselves 6 months or 20 years longer to keep messing with people. Long enough to pay off those mortgages and cars and put their kids through school.
Local PD says I’m still in TBD status.
I could be anywhere from tier 1 to tier 3, so should be interesting. Reminds me of being in prison and expecting to get 85% time and ended up doing 50% time. I can’t apply for 2 years at the earliest anyway, so no rush, but I’ll find out eventually.
Just got my tier assignment letter today and found out that I am in tear to be determined , I’ve been on this registry for 25 years, now I got a wait two more years just to see what tier level I am ?that’s kind of unacceptable, but what can you do they got you by the balls
@someone who cares. Thank you so much. I plan on it asap.
I am wondering if anyone in this exact situation has received a tier assignment yet? I was convicted in 1998 for one count in federal court of receiving/possession of an illegal image (the date of the actual incident was in 1995) Sentence was 11 months of which I did nine months with 3 years of probation. I was told that by the federal defender at the time that if I had been tried in state court I would have been charged with a misdemeanor and probably have received probation only. I have no idea how DOJ is going to iron this all out..does.anyone know?
I’m in almost exactly the same boat and would also like any information on my coming tier assignment. I heard somewhere that the state will examine the federal offense and determine the equivalent state offense. As you say, this was a misdemeanor at the time. Will they assign us to tier 1 or tier 3?
John in continuing or convo. I had 3 charges 288 (a) attempted 288 (a) and 647 no previous and nothing else in the 23 years of registration.
@Steve, sounds like you are a Tier 2 ( hoping the charges all were one case). I don’t like that they are putting TBD on non- scored people they cannot ever get scores on. It’s really pointless. Are you seeing this trend too? All the DOJ needed was to pull a rap sheet, showing the dates, case number all matching, and see there is just one case with multiple charges, and decide the tier from there. Unless of course, they were trying to place some TBD in Tier 3’s based on high scores ( but again this pointless as you cannot score women and men who never had one) especially if you are community released already over 20 years. Just more feet dragging on their part. Would like Janice’s thoughts on this.
Yes all same case
Sorry forgot to answer LAPD – Van Nuys gave me my TBA Tier over the phone.
To all with Tier “TBD”, please read this recent ACSOL post:
https://all4consolaws.org/2021/02/ca-doj-reverses-position-on-important-tiered-registry-issue/
I woke up really early and went down to register this morning in Sacramento. The place was practically deserted outside where we usually have to wait. Unlike previous times there was no inside waiting area but fortunately it wasn’t raining today. Within a few minutes a female officer came out and grabbed my already printed out information and asked if there were any changes from last year. I wasn’t quite ready for that question and I said, “I think so.” Her immediate reply was, “Well, is it the same or not?” I said, “It’s mostly the same.” I guess that wasn’t the answer she was hoping for as it would require a bit of updating on her part as she went back in to put it into my file. I could tell right then that the usually friendly officer who registered me for several years was either retired or just not there today so I would have someone who did not appear to either like me or the job she was doing (namely Deputy K. T.). Deputy T. came out a few minutes later and led me back in to shoot my photo and then directed me over to a desk with a plexiglass divider where I put my thumbprints, initials and signature on an ever increasingly expanding set of forms. I asked about my destination letter and she curtly told me I would get that today and when she did give it to me, immediately told me I was all finished and sent me back outside. My designation letter indicated I am assigned to Adult Tier 2 for my PC 288 (a) registrable offense and would be eligible to petition for removal from registration only after my birthday following a full twenty years since my sentencing (I was granted probation). By my calculations, since my birthday is in late February and my conviction was in early April, 2008 I will have spent twenty years plus an additional forty-five weeks and four days of registration before I can even petition for release. After that, who knows how long that process will take, and I’m still not convinced they might come up with an excuse to deny my petition, causing further delay. Well, I got to the car and realized the whole thing took so little time compared to previous encounters that I didn’t get a copy of all the forms. So I went back and waited outside with, by now, several other people and several minutes later when the Deputy T. opened the door I said I forgot to get a copy of my forms. Her response, “You don’t need those unless you’re on provisional parole.” I told her I was on probation (51 days left and counting) and that I never leave without copies of documents that have my signature and initials. She was obviously miffed at having to do her job, turned around without offering help to anyone else out there and a couple minutes later returned to unceremoniously hand me a copy of my registration. I am not certain but I think my, “Have a great day,” wishes to the officer probably fell on deaf ears. Throughout my registration process with Deputy T. I had the feeling I was a piece of… well, garbage or some kind of monster to her–and it wasn’t due to the Covid-19 Pandemic. I sure hope she’s not the one to register me next year…
I’m a bit confused about your time calculation. If you were granted straight probation in your 2008 conviction, you should be able to petition sometime in 2028. So about 7 years from now. For the purposes of calculating your time, those who were granted actual probation start counting their time from the date of their conviction, even if that probation included a jail sentence in county. Its for people who were sent to prison that don’t get to count their time until after they’re released from behind bars.
From what I understand of the née rules I cannot petition until my birthday which falls after serving the full twenty years of registration. I was sentenced to one year of local jail time and probation started in early April, 2008 at the same time. You would think I could petition that year but I believe the way the law is presently written I would then have to wait until my birthday the following February, thus the extra 45 weeks and four days beyond the twenty years already served as a registrant. Correct me if I’m wrong.
That’s somewhat correct. I was originally reading your comment as if you thought you had to wait yet another 20 years and 45 weeks. I thought maybe you had very long probation that’s just about now ending and that’s where you started the count.
Though the part that I think youre reading wrong is that extra birthday wait. Thats just for this year that the people’s who’s birthday is before July that will need to wait until next year. That was done so that the courts wouldn’t be overwhelmed with first year petitions. After this year, people can petition per the normal schedule of whenever you’ve meet your tiers requirements.
@Richard,
The way SR interpreted the “cannot apply until the following year” is the way I also interpreted it, meaning it only pertains to the initial implementation of the tiered registry.
The tiered registry technically soft started on Jan 1, 2021, but the implementation does not start until July 1, 2021. During Jan 1 – Jun 30, that is the period where registrants receive their tier assignment.
A problem arises in this first year of the tiered registry and de-registration is that all of the registrants that can petition to de-register includes those whos convictions were in Jun 30, 2011 and before. Jun 30, 2011 would be the minimum of 10 years for any tier 1 registrant. Then you have tier 2 registrants who could petition after 20 years as well as those tier 2’s who qualify to petition after 10 years.
With over 100,000 registrants in California, there will be a significant amount of registrants who want to petition off the registry starting on July 1, 2021. The government realized this very late that they made an amendment that only those who qualify in 2021 AND whose birthdate comes after June 30, 2021 can petition in 2021. Everyone else will have to wait until their birthday in 2022 to petition.
Hopefully, by the mid-2022, the tiered registry won’t be impacted so much that there doesn’t have to be another amendment to delay the petition. By 2028, the volume of petitioners should be far smaller and you need not worry about any delay. Maybe, the tiered system could be changed by that time to shorten the tier terms to follow Dr. Karl Hanson’s 17-year max of surveillance. But I digress…
I hope this helps clarify some things.
As for your interactions with LEOs (law Enforcement Officers), it’s best to keep things cordial as you did. When it comes to the registry and you asking for copies that you have registered, just know that at that point the LEO’s work for you. I always ask for a copy whenever I register and it’s been several years since probation. And since you’re on probation, probably best to play the very, very cordial game. If things go great, then you might inquire about early termination of your probation.
I called in yesterday for my registration and was told I am tier 2. My charge was a 288 (a) in 2016 that I served 2.75 years for. I was supposed to have a three year parole and it switched to ten. I just failed a polygraph and I am pissed off about that. I’m trying everything to be a “good citizen “. I requested another polygraph. One of the questions I failed was if I do street drugs. I’ve been clean for over 20 years and told the polygraph tech that his test was crap and drug test me! He of course said that wasn’t his job. I hate this crap. If I would have known how all this went I would have fought my case…
@Stuck in Los Angeles; Get yourself drug tested ASAP and prove it to them.
Plea deals should be illegal, every case should go to trial.
It would be impossible to have every case go to trial. The system can barely keep up with 10% going to trial.
I had my annual registration last week. Went smoothly. Conviction is 288(a) in 1997. Registered in Concord CA. Main lobby was closed but after hours lobby was open. I used Courtesy phone and let them know I was there to register and gave my name and birthdate. Detective came down 30 minutes later took my picture in the main lobby and gave me my designation letter and registration paperwork already filled out and initialed already. I did not fill out, sign or thumbprint anything.
My designation letter assigned me a (Tier 2 Adult)
When trying to register for annual, had to use outdoor phone–spoke to a detective who took down driver license info–etc. Then he said registration is complete. No fingerprints. Just the outdoor PD phone. Too nervous to inquire on tier for now. In santa clara.
I’m going to fall into the tier 1 but I think this law is a joke. For one I think we shouldn’t have to wait 10 or 20 years to apply to get off the registry list it should be looked at on a year to year bases or have 4 tiers with tier 1 being the minimum of 3 or 5 years. Or If you’re on probation your registry should be the same length because then you’re able to get your record expunged by then and if you meet the requirements and haven’t gotten in any trouble you should be fine. Also I don’t believe ones who gotten in trouble over a social media app such as snapchat or Instagram the app should be to blame because people can lie about their age messages can be sent to the wrong person and etc. This is just my suggestion I know it probably not going anywhere just wanted to get this off my chest.
Just finished registration a few moments ago over the phone at the Hollenbeck police station. 2 minute registration and they could not tell me what tier I fall in. They said maybe May or June when they will be ready to provide tier registration and they will be calling us back around that time to come in and sign our paper work. That’s all I have folks. I’ll fall in tier 1 and eligible to petition off next year as my birthday falls in March, bummer.
I moved to Tijuana and have not had to register in two years. I have a question about car, phone, and email adress? They want all of this now? Why, it is not to communicate with you like they say, thats bullshit.
Paragraph (b) of § 72.6 requires a sex offender to provide all remote communication identifiers that he uses in internet or telephonic communications or postings, including email addresses and telephone numbers. A provision of the Keeping the internet Devoid of Sexual Predators Act of 2008 (KIDS Act), Public Law 110-400, directed the Attorney General to use the authority under paragraph (7) of 34 U.S.C. 20914(a) [now designated paragraph (8)] to require sex offenders to provide internet identifiers. The Attorney General has previously exercised that authority to require the specified information in the SORNA Guidelines. See 34 U.S.C. 20916(a); 73 FR at 38055; 76 FR at 1637. The Attorney General has exercised the same authority to require telephone numbers—a requirement also already appearing in the SORNA Guidelines—for a number of reasons, including facilitating communication between registration personnel and sex offenders, and addressing the potential use of telephonic communication by sex offenders in efforts to contact or lure potential victims. See 73 FR at 38055.
Also, I am trying to find the paragraph that has this in it…T
he Sex Offender Registration and Notification Act (“SORNA” or “the Act”), which is … new comprehensive set of minimum standards for sex offender registration … choose how the 30-day requirement is satisfied, they can say 30 days of overnight stays at a girlfriends house would justify registering at that address?
It’s all just about having more info on a person to lean on or claw back at when they need a convenient story for an election or bill to pass. An “ace in the hole”. They’ll use that info to breach privacy protection laws. So don’t give them any. Change or close all your social media accounts and email services. Don’t use unsecured wi-fi, and best to not use any wireless devices including smart home or auto equipment. All that stuff is easy to pick up from the street, again another breach of privacy laws. Neighbors and informants can use this info to drop an “anonymous tip” to law enforcement. Then one day you’re accused for having “thousands” of images during a sting and all they did was falsify some bs story using the info they got off you.
The more you give them the less you can defend yourself.
Wait when did they make it so pre 2017 RSOs have to provide email/ internet IDs?
PC 288(a)(b)1 – Convicted of felony (2008); county jail, 3 yrs formal probation. Later reduced to misdemeanor (2010).
Tier assignment – Tier 1 – Adult
Did you get that in writing? Any mention if it is Tier 1 because of the reduction? Or is it because of age?
Went today to the Fresno County Sheriff’s registration center (the center is closed, but they do annual registrations in the parking lot in front of the building).
Requested a copy of my tier designation letter. Took about 10 minutes, but they handed me a copy of the letter.
288(a) = Tier 2 Adult
that’s exciting & excellent news for you Mike G same here with me 288 (a) I was supposed to call local PD & get my tier but been putting it off thinking of the very worst, took my deal in 97, but have all my original court documents so I saw my original charge, my b-day is July 30th so that’s also more exciting, will call sometime this month to request my tier *GOOD LUCK TO ALL* (( AND THANKS JANICE-CHASE FOR THE EXTREME DEDICATION ) )
Plead No Contest to 288a in 1986 just got my tier 2 letter, hopefully one more year!
My Tier experience: I contacted my local registration place, which is County Sheriff after January 2021. They informed me that I was placed on “to be determined” and to call back later, which I did. At the end of February, I called back to see if my Tier was updated or not. The employee at the Sheriff’s office was extremely rude and obnoxious and said, well you’re just going to have to wait until after your birthday, which is in July, to find out and that she would not check anyway. In addition, my charge was 664/288a(b)2. I hope someday “they”, (i am not sure if it would be the courts or legislation) will add this charge to the “wabbler” section. I see, in my opinion only, much worse charges that are listed on the “wabbler” section eligible to be reduce but not mind. Anyway, back on my experience, I have contacted a very excellent Lawyer to begin the process on an expungement and eventually petition for removal of PC290 if I am placed on Tier 1 which I am hoping. More later when I find out. Good Luck to all. I still have not received any letter that would indicate what tier I would be placed as some sites as indicated would happen
Daniel B, do I just read your a 288(a) b2, not exactly sure what the charge is but is there a way to eventually reduce or possibly expunge? I took that deal which gave me a felony & would love to get that reduced to anything but that, you mentioned you hired a lawyer, I hired one before this tier assignment & back than it was *IMPOSSIBLE* to get off registration or any kind of reduction, he was extremely cool, he was stumped, ran into dead end after dead end, asking & inquiring with his colleagues & still no answers, he eventually refunded my $$$$ which I was very surprised he offered
From daniel: Hello, I will do my best to explain. The way I understand the law, (but an actual lawyer would be better in the explanation), 288(a) and 288a, now call 287, are actually two different types of crimes. However, my understanding is that both are not eligible for dismissal, (aka expungement – which here in California does not really exists). What may make my charge eligible is the 664/attempted section – i hope. I am hopeful that some day 288a b 2 will be included, along with 288a b 1, as a wobbler so I can request reduction & dismissal. But time will tell. Sounds like you have an excellent attorney who is willing to refund your money. Most lawyers, my experience only, ignore you or act like you no longer exists after you sign on their doted line. take care
What Tier would a Felony PC314 be? I a guessing still Tier 1?
I’m guessing it still is Tier 1, based off the wording on “misdemeanors and non violent felonies that are not listed in sections two and three.” Hard to tell after reading everyone’s experiences, though. I’ve got a misdemeanor 314, I go for my annual update next week. I’m hoping to get news that I’ll be in Tier 1.
Just got off the phone to set up an appointment for may annual. Looks like our area is still doing it remotely (Sonoma County). I have a phone appointment for next week to do that. The person also said that they’re having the registering officer read off all the usual requirements that we’d initial, so she asked me if they could short cut this by emailing me all the standard paperwork to read through instead ahead of the appointment.
I was also told I’m currently Tier 3, which was no surprise. I currently have a 311.4(a) felony that is reducible via 17b, which should drop me down to Tier 1. I’m going to try and file for this myself later this year.
Man, I really hope this remote things sticks. Seems like there’s no reason why they can’t do this all the time. And if they need to update our pictures, I’m pretty sure just about everyone has a phone these days to take one and send through whatever email they’re sending me emails.
Completed my annual registration by phone today. Spoke with a very sweet, older-sounding woman. She asked if I received the new forms by email and read through them, and whether I’ve had any changes. Then asked if I’d like to receive copies of the forms and such that they are signing on my behalf. And that I would also receive the tiered registry letter. She then finished our phone call by saying, with no malice, that hopefully next year it’ll go back to in-person registration. I laughed internally at that as not a single one of us would prefer that, but I think she was more in a costumer convenience Covid mode and thinking that in-person things are more of the normal we’d all like to get back to.
Anyway, this was probably the most pleasant annual registration I’ve ever had and I really wish this was more of the norm. Sure as hell beats taking half a day off from work to work around their schedule and being subjected to that type of humiliation.
Received my DOJ letter today. I’m officially “T-B-D”. The statute I was convicted of violating is ridiculously clear & easy to determine.
Why is it so complicated for CA DOJ? 🤷🏻♂️ And what the Hell are all those extra people hired by the CA DOJ to work on this (66, I believe) doing?? 😡
I was a tier 2 before and now they placed me tier 3. I was arrested in Dec 10, 1992 took a plea deal for 6 year sentence on 3 felony counts of lewd acts with a minor on Febuary 6, 1993 and was released on parole Feb 8th, 1996. Did four years of parole and discharged Feb 8th of 2000, I have been clean and been good and now they decide to u the game and I am tired of the hypocrisy, so it’s time to fight and fight hard. Oh yeah found out all this info out a week ago.
Has anyone received a Tier Level that was wrong? If so, where you able to get it corrected? Was anyone’s tier determined on a risk score?