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California Tiered Registry Experiences (EXPERIENCES ONLY)

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***

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2021 Tier update: Called my local office for my Tier designiation and it shows TBD with no date. He said there is a access number but will wait to provide that info to me as hopefully the state will have the info into the system soon. He said last week he checked another 290 and nothing showed up in the system, so it’s progress. I should be a tier 1 based on my charge of 288a (b)(1). Let’s hope the State will get going on these designinations assignments soon as they had many years to assign.

Same charge as you, same expectation. I have to renew my registration in March and will ask about tier then. Were you able to call, are they able to provide the information via phone? Or did you have to go in? What is being done to verify identity or protect registrants?

Thank you and good luck.

@Peacehealing.mine too 288a(b)1 35 yrs ago should also be the same Tier.level
Thx for responding in ng in here.

My assessment number has been blank since 2004 .. I don’t think CA will be in a hurry in assessing people

It appears 288a(b)(1) is a Tier 2 .,and the DOJ is relying on this for it to become a Tier 1.

“(b) (1) A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.”

The misunderstanding appears to be with the subdivisions (g) and (h) listed in Tier 2. Those pertain to mental competence and places like mental hospitals, So a 288a (g) or (h) would apply to Tier 2. But what of other subdivisions of 288a that are violent, even to young children? Those are covered in the 288a entries of the serious and violent crimes listed in subdivisions (c) of Section 667.5 or subdivision (c) of Section 1192.7. So subdivisions that are not 288a (g) or (h) and are not listed in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, by default should be a Tier 1, not a Tier 2 or Tier 3. The DOJ is assuming any non-Romeo and Juliet 288a is Tier 2, as quoted in my comment above.

“(2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.”

So apparently the legislature intended to add to subdivisions (c) of Section 667.5 and subdivision (c) of Section 1192.7 by including these sections and subdivisions like (g) and (h) in Tier 2, but that doesn’t mean no subdivisions, like 288a (b)(1), cannot be a Tier 1. Or maybe I’m the one that is misunderstanding. It’s pretty tricky.

Here’s the closest I have come to finding an answer.

https://www.wksexcrimes.com/list-of-sex-crimes-in-each-tier-under-californias-tiered-registry-system/

The list isn’t as specific as we’d like, but the 288a, under which 288a(b)(1) would fall appears to be a Tier 1 in many cases, including SOME felony cases. When you look at the Tier 2 level of that subdivision it mentions victims under 14, or mentally incapable. This suggests that many with victims over 14 will be in Tier 1, especially if they are misdemeanor convictions to begin with.

What remains to be known is what about those with 288a(b)(1) with felonies, or with 17b reductions. My specific case has a 17b. I also have a lawyer working on my case because after my probation ended I was granted both a 17b and an expungement. But it’s unclear what those mean or what the benefits really are. When I applied to purchase a firearm recently, I was contacted by the DA informing me I was a felon. He had no information that indicated I had the 17b reduction. He added that RSOs are prohibited from owning firearms, and that once you are convicted of a felony the lifetime firearm ban applies anyway, even if 17b is granted.

So I don’t know what the bottom line will be for me, or if I will not be able to own a firearm, although the latter isn’t that important to me. What I do know is I will certainly be Tier 1 or 2. Another question is if I will be added to the ML website. As of now I am not on the public site. I am unsure if I will now be added. Victim was 17, unrelated person. (As I understand they don’t normally publish people related to their victims for the sake of the victim.) I wish there was a place where this information was readily available. A simple rubric for Tier assessment and ML exclusion would answer a heck of a lot of questions and avoid a lot of calls, email, and worry.

The age of the victim doesn’t play a side-role in tier placement. Where you’re placed is strictly based on your conviction code and whether it was charged as a felony or misdemeanor (some variance here). The only thing that skips all this is your Static-99 score, where if you scored a 6 , you’re automatically tier 3 regardless of your conviction.

The DA was also incorrect in saying that RSO’s aren’t allowed to own guns and that 17b doesn’t help here. There’s nothing specific in the law about being and RSO and gun ownership. And 17b restores gun rights for majority of people as it makes your felony a misdemeanor FOR ALL PURPOSES (certain misdemeanor convictions still ban it, but I believe those mostly have to do with domestic abuse).

How long ago did you get your 17b? It can often take several months post reduction for that information to be disseminated through all the legal channels. Since the DA said he saw no record of your 17b, it either hasn’t been long enough or there’s an error. Try calling DOJ and asking about your record and what they have. If it’s been 6 months since your 17b and the DOJ still doesn’t show it in their system, contact a lawyer about it.

“I was contacted by the DA informing me I was a felon. He had no information that indicated I had the 17b reduction. He added that RSOs are prohibited from owning firearms, and that once you are convicted of a felony the lifetime firearm ban applies anyway, even if 17b is granted.”

The following is NOT legal advice – only opinion:
This DA is full of shit! Where is there any law that states that an RSO is prohibited from owning firearms???? Firearm prohibitions only apply to convicted felons and a few very narrow misdemeanor domestic violence convictions.
If you have received a 17b, then you have NEVER been convicted of a felony (with regards to that specific case). The 17b makes your conviction a misdemeanor FOR ALL PURPOSES. Please tell your lawyer to contact this moron from the DA’s office and report him to the state bar.

That part about losing your gun rights forever just because you aren RSO is wrong. I also had a felony conviction that was reduced to misdemeanor. I sent in the verification to DOJ and received a letter stating I was eligible to purchase, own and possess firearms and ammunition.

Thank you all for your encouraging replies regarding my 17b and rights. I have a lawyer working on finding out what happened in my 17b case and why the state seems unaware of the change.

I appreciate the repsonses!

Quick update-My charge was 288a(b)(1) which is now changed 287 to not confuse with 288’s. Anyway, still now update as it still listed TBD. Does anyone have any updates on Teir for 287ab1?

The Ventura Sheriff’s office returned my call and confirmed that I am a Tier 2 and will be eligible to petition in July, as I suspected, but the confirmation is welcome. A very nice and professional lady called with the information. She also said about half of their people have been assigned tiers already, evidently via a database. There is some confusion about “the letter” but no point in getting impatient. There is still some training in progress.

One question I have now is what happens if the petition is approved? While it may take months for the DOJ to update the official website, would it be possible to start suing those sites that leech off of the official site?

How many years ago did you join the 290 club?

It tolled from circa 1995.

After reviewing the Penal Code it looks like I should be a Tier 1, not Tier 2. This will take some research.

I also have to deal with The Ventura County Sheriff’s Department , they are very civilized and cordial , however they tried a compliance check on me 2 years ago but they could not wake me up , I was pissed though . I am glad that you got a response I have to re register in April. Last year because of Covid I went in to register and they did not take a pic of me they just used last years pic . Since you were successful I am going to call down there to try to find out my Tier also . I think I should be in Tier 1 my conviction was PC 261(a)(4) and my victim was 30yo . It would be great if I could get off of that Computer List . I will let everyone know what happens

Catch22,

Yes, very professional. She called the next day to say she would mail the letter and it took 2 days to get here.

Can everybody please put down their Penal Code and what tier level they become so we can keep track make sure that they don’t screw somebody

Will be making my call tomorrow. Van Nuys.

I sent an email today to their individual in charge of the 290 registry for my city. I have not received a response yet.

Also, my brother checked the Registry and said nothing on my page had changed. No offense indicated and no Tier designation. (My conviction was out-of-State.)

Be sure to keep close tabs on how they handle you. I suggest you take a look at Saenz v. Roe (https://supreme.justia.com/cases/federal/us/526/489/) in case they say you get treated differently by being an out-of-state conviction.

Noted. Thanks. 👍

Convicted 1989
4 months work furlough 5 years probation
288(a)
No Static 99 testing
Expunged and Dismissed to misdemeanor 1995
Not on the website
Called today and registration officer looked me up and read me the letter from DOJ. Letter stated Tier 2.
The officer is going to send me a copy of the letter from the DOJ.

That doesn’t seem right. Misdemeanors are supposed to be Tier 1 from what we know.

It’s my understanding the tiered assessment is based on originally convictions.

I hope not. Thags going to be a ton of people without records that are somehow tier 3. Besides, 17b reduction makes it a misdemeanor FOR ALL PURPOSES. That doesn’t yet have a specific disclaimer for the purposes of 290 regulations the way they ammended the 1203.4 dismissal. I’m hoping that’s just an error for you on the DOJ part. Janice was pretty firm on how misdemeanors would work with the tiered registry.

It looks like the information on tiers has been slightly update by Janice on a different thread and now notes that tier designations may be challenged. I’m betting there will be a fair amount of challenges based on what we’re discussing. DOJ will likely make a number of errors or come to incorrect conclusions where they don’t take into account subsequent dismissals and reductions.

This may also be a case like Prop 54 (early parole consideration) where the language of the law states one thing but the people in charge decide to go a different way. There will likely be a period of time where such things will need to be ironed out either through less painful clarifications or more difficult path of lawsuits (like Prop 54).

Grr,

You are mis informed. Once a reduction is granted, the offense is no longer regarded as a felony. The state cannot pic and choose wether they designate felony or misdemeanor after reduction. Only thing it counts towards is a conviction under the 3 strike or habitual offender status if person re offends.
If they followed your thought process, reductions would become meaningless.

I was convicted in 2009 288(c)1 granted a early 1203.4 and 17b in 2012 no other convictions just was told im a tier 3 My wife is on the floor crying and i am in shock

Also I have not been on Megans Law website and my risk score was 1.

There should be numerous countries in the world that will accept American PFRs under political asylum. Tell America to go F themselves and move to a country that hates them. Help that country prosper at America’s expense. F all the “people” living in America who think Hit Lists should exist. I pray every day that bad things happen to them. Oops, I mean “we are all in this together.”

For me personally, I’m probably going to continue to live in America and continue helping people from other countries buy this country up. The hateful people here are going to own less and less and have less and less life.

@RSP – I also was charged with a 288c back in 2000. Has it reduced to a misdemeanor via 17b three years later and then dismissed in 2005 via 1203.4

I thought I was the only person I was aware of who had received a 1203.4 after having been charged with the 288c. Glad you were fortunate like I was.

I put a call into my local police department to obtain my tier designation letter but I’m awaiting a call back. I will keep you posted with the results. That being said in theory at worst case you should be viewed as having a misdemeanor conviction. I would contact an attorney promptly and challenge your Tier designation. If I end up with the same designation as you did I will be challenging it immediately. Good luck!!

@RSP and others – Please contact ACSOL if you were convicted of a “wobbler” that was reduced from a felony to a misdemeanor and you have been told that you are on Tier 3. It is ACSOL’s position that this is unlawful and needs to be challenged in court. Please call 818-305-5984 or send email to info@all4consolaws.org.

RSP did you get your reduced to misdemeanor?

Thank you, Janice. Glad to see ACSOL believes this is wrong. If this is indeed CA’s DOJ actual stance, it greatly deviates from how the registry is treated and seen by the Fed. In which case, I’d wager majority of CA registrants would be better served if CA were to go full SORNA (yes, different people get screwed under either system. I’m speaking in general terms towards the majority). Hopefully this is just an error on their part and won’t require litigation like the recent parole props you’ve won. But whatever the path, I’m glad you and ACSOL are there to guide and help us along. I’m happy to be contributing via monthly donations and will continue to do so and try and up it whenever I can.

@alienated – that is immaterial. All of PC 288(c) is explicitly listed in Tier 3, without differentiating between misdemeanor and felony. After / below the section declaring misdemeanors Tier 1, thus overriding the prior section. See here

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=5.5.&part=1.&lawCode=PEN&title=9.

@RSP was told correctly – that is the law.

Let us know what they tell you.

@Janice Bellucci,

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=5.5.&part=1.&lawCode=PEN&title=9.

(3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(ix) Subdivision (b) or (c) of Section 288.

No ifs, buts, misdemeanors or felonies. Just PC 288(c). How is that unlawful, putting any! 288(c) in Tier 3?

That is straight from PC 290. That is what it says. That is what it has always said since the Tiered Registry was signed into law. This is hardly news.

Just because it’s there, it doesn’t mean it’s lawful. Majority of lawsuits Janice and ACSOL filed and won were against things written pretty clearly in the law.

My guess as to why Janice and ACSOL feel this is unlawful for misdemeanors is due to the fact that misdemeanors in these cases are being treated much, much, harsher than many felonies that are classified as Tier 1 or Tier 2. There’s no question that misdemeanors are the middle ground of law breaking. Infractions < Misdemeanors < Felonies. Tier registry stating that someone's crime being somehow not bad enough to warrant a felony but still somehow is the greatest of the great risk to the public to warrant life time registration, just doesn't jive in any sense.

If you've followed all the ups and downs of the creation of CA's tiered registry, you should be well aware how much some senators didn't want it to happen at all and did everything they could to poison it like it has been. The original draft of the registry that ACSOL supported would've seen the vast majority classified Tier 1 felony or otherwise. Tier 2 was for repeat offenders and enhancements, while Tier 3 was to be the worst of the worst kind of crimes which I do not believe anyone posting on this forum would've been guilty of due to the amount of prison time those convictions would've carried. What's actually on the books today is a pale shadow of that.

RSP, am not sure what county you live in but that information does not sound possible and is inconsistent with those who are 288 b1, who claim to be in the second tier. I am a 288 C1 who has served 3 months in the county jail, probation and had my case dropped to a ‘wobbler’ misdemeanor. According to the law, I should be placed in the 1st tier but we shall see.

@Jesse,

You left out the most important line in your link:

(C) The person was convicted of violating any of the following:

The question now is this: Is there still a conviction or not? The courts will likely have to settle it.

Not Found ! At last ..

Family member was granted a 17b for 311.11 October 2019. Attorney suggested he do a live scan with record review form. Did this in June 2020 and received his RAP sheet. Attorney sent correspondence in July.

Was checking on Dec 29 said registrant on ML website and US National website and surprise! He was not found on either!
Attorney thinks is is misdemeanor that suppressed the public display on CA ML which is used for US National Registry.

He still needs to register once a year until 10 years for Tier 1.

Thank you Janice !

So are you saying the live scan didn’t find anything? And he wasn’t listed on either the CA or Fed registry?

I also got a 17b and 1203.4 in 2019. Had never been listed on the public site. Recently lost my job of 15 years and I’m terrified of not being able to find another if they dig too much.

If the Live Scan isn’t finding anything because of the 17b though, this is huge.

It’s my understanding a live scan will still show your original conviction. (California Law) All other background checks will not show anything.

Sorry Jesus, they must of had an HR Snooper.for.quince.~ another something went wrong, hope you STAY off to find.other employment!
I haven’t been able tonworl.safelyns I need 2009!

JesusH,

Did your employer specifically say you were being terminated due to your registrant status? Sounds like you might have a reason to sue for unlawful termination, depending on your job description and employment record. I would contact an attorney and discuss. Free consultation, so nothing lost.

@Cjjj,

Did the livescan report that you are still on the registry (PC 290)?

I’ve never been on ML site. I had my 1203.4 for several years, but not a 17B. When I did a livescan a couple of years ago, it showed my conviction date and case dismissal date, as well as reveal that I am on the registry.

I didn’t know a 17B could negate the dissemination of information from the registry for livescan? I don’t think this is true, though, because when I did my 17B the judge made clear to me that I still belong on the registry scheme. If you do have that info provided, then I have no problem being corrected.

I think there’s a lot of info being missed here such as was he never part of the ML site, when was his original date of conviction, etc… There might be confusion between ML site and livescan reporting.

Hello,
I am wondering how you got a 288 (a) reduced to a misdemeanor? I have the same charge from around the same time. I received a release of penalties and disabilities after finishing three years probation. I was a dummy and didn’t apply for a Certificate of Rehabilitation while it was still allowed.
Thanks for any info.

I called the registration place for city of bako 661-326-3966 and asked them if they have my tier assessment classification. Very nice lady said yes whats your ssn so I gave it to her. She said I’m tier 2, I’m so excited but still praying for tier 3. She verified a year from March I can petition. Thank you so much Janice

Conviction 288(a)
Date 1997 out of jail
2000 done with felony probation

You’re praying for Tier 3? What kind of masochist are you!?? I hope you mean Tier 1.

This morning, I called the precinct (Wilshire Community on Venice Blvd. in L.A.) to which I register. The officer was very polite and accommodating. I was informed that my Tier-Status is still pending. The most-likely reason for the delay is that I am a transfer from Connecticut; I landed in California in August of 2019. The officer said that he would call the local assessment office to see if the process could be expedited. He said that I should call back during the first week of February.

I call the Yreka Police Department the registration officer said “That my tier has not been determine yet and my take up to 3 mouth to be accomplished”, however, she will have the detective call me next Monday, as he is out of office until then. I have one 288(a) and three 647.6 under the same case and with no other offenses prior or after. 17 days county jail and 5 years probation. I was put on the 290 list 1989. I have dismissals and impugnments in 1994 and 1996.

Update for above: The detective did returned the phone call and he said “he called DOJ and they are reviewing my case and he should get a response, shortly and he will call me on the status”. He is was very pleasant and supportive of my removal.

Called Long Beach Police Department talk to the registration officer who had no idea what I was talking about transferred me to her supervisor the supervisor had no idea what I was talking about and told me to print out whatever information I have or wherever I got this information from so they can read it and to make an appointment and then they would go from there or I could email the Department of Justice myself.
WOW total shitshow they sounded kind of angry that I was even asking for it I wouldn’t be surprised if they show up at my house in the next couple of days in SWAT gear to do a compliance check

Good luck

In Long Beach as well, and not even going to bother with this. PC 311 and basically screwed out of opportunity to get COR by the Tiered Registry and banished to Tier 3. Waste of time to talk to the incompetent and non-mask wearing LBPD. Sorry you subjected yourself to their stupidity. I will have my annual check up in a few months, once a year is enough.

Offense: misdemeanor, 647.6
Year of arrest: 2001
Year of sentence: 2002
Year probation complete: 2005
Case Disposition: Dismissed and record expunged, no ML public Web site publication required
Enforcement Agency: City of Tulare Police Department
Actions: Telephone call to TPD on Monday, 01/04/2021 to ask for tier assignment information from Records unit
Result: Representative stated, at first, to contact CA DOJ. After I stated that DOJ Web site instructions are to contact local enforcement agency, the representative put me on hold while she consulted with another staff member or checked resources, after which she stated that no information about my tier status was yet available and that it may take as long as 24 months for a determination to be made.

My birthdate/annual registration will occur after July 01.

@ML and Others – There appears to be a lot of confusion regarding Tier Assignments and Tier Assignment Letters. That is to be expected because the law has just become effective. Please be patient and polite if you want the best results. In my registration offices, there is at least one Registration Officer and that is the best person to contact to find out your tier assignment. Finally, while a verbal reply is okay, a written document is even better especially if you want or need to challenge it.

Thank you for your reply, Janice. I indeed did remain respectful and empathetic to the PD representative. I am a civil servant myself. I am not going to panic just yet and will wait, hopefully, for updates that will provide a path to timely request removal from any registration requirement prior to further implementation of changes which may make my burden greater, and still will remain hopeful that registration will come to be understood by judges and legislators as additional punishment, contrary to our constitution and contrary to truly providing healing, health, or additional safety.

Janice,
If I am absolutely certain I’m a TIER 1. Will I need to have a letter stating my Tier level to petition in July? If not, I don’t want to pursue it because I know I will be Tier 1. I have talked with you about my history before. 1 misd. charge of urination in public 27 years ago. No other.
Thanks!

Its not about your certainty but the courts. Its why you’ll also have to show proof of registration. For whatever reason, it doesn’t seem any if that is tied together in a database the court could easily assess for verification.

Halle-frickin-lujah!
I turned in my Tiered Registry Tier Level Designation written request Yesterday to my local PD. I received a call at noon today that they had the letter and would I like to see it! I hightailed it down there and picked it up. It was as I had expected/hoped it would be.

Tier 2-Adult
conviction for felony 288 (a) over thirty years ago.
The following is the request letter I gave to my PD. Seems like it may be valuable since some agencies may not know what you are after.

REQUEST FOR TIER ASSIGNMENT LETTER
The Tiered Registry Law (formerly Senate Bill 384) was signed into law in October, 2017. This law creates a tiered sex offender registration scheme. The date set to go into effect is 1/1/2021.

Registrants may request their local registering agencies to provide them with their tier notification letters on or after January 1, 2021.
According to the CA Department of Justice, tier assignment letters will not be sent to registrants, however, they will be available to law enforcement only on a government database.

I am requesting this letter at this time. The letters are obtained from the California Department of Justice.

Sincerely,

Steve D, Good for you and all others who made it.

@ Steve D.: 👍 Glad you got it! (I was starting to wonder if anyone had received their letter yet.)

Went down to the San Diego Sheriff this morning to request my tier letter. They had me fill out a form and choose how I wish to get my letter, 1. Pick it up next Tuesday. 2. Have it mailed to my address, or 3. Sent it via email. She said it could take up to three days to receive it. I just received the email listing me as a tier 3 for having no victim in a sting.
PC 288.4(b) Going to or arranging a meeting with a minor.
Convicted Nov 2012
Sentenced Jan 2013 ( Year county jail, ended up serving six months house arrest)
Five years of probation ended in 2018.
Charges expunged 2018

I will check in March but I have the same conviction, no victim in an online sting. I don’t understand the logic in this. How can it be that having an actual victim in some cases can be a Tier II while an online sting with no victim is Tier III.

That is correct. 288.4 is Tier 3. As is 288.2 (communicating with a minor, however fictitious) Seems like they know what they are doing down in San Diego.

See here

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=5.5.&part=1.&lawCode=PEN&title=9.

So by that logic, would those who were convicted of misdemeanor 288.2 pc, a non-registrable offense, now be required to register as tier 3, even though they’ve never had to register before? Because as you noted, there is no differentiation made in the new law for misdemeanor or felony. Previously unregistered persons have been forced to suddenly begin registering in the past, because as we all know, the registry is not punitive, so the ex post facto clause doesn’t apply.

The problem with this tiered registry is, since day one, it contradicts itself. What is tier 1 defined as? Any misdemeanor, or any felony not deemed serious or violent per 667.5(c) or 1192.7(c). Tier 2 then encompasses those serious/violent felonies. Then along comes tier 3, which throws in all those sections, misdemeanors included, apparently, which were heretofore ruled as tiers 1 and 2, and makes them all lifetime.

This thing is ripe for challenge on constitutional grounds because it is vague and ill-defined, as well as contradictory. And as anyone who is cognizant of stare decisis knows, how a law is defined isn’t by the words it is composed of, but by how those words are interpreted by precedent.

It will also face challenges on equal protection issues, as persons holding misdemeanor convictions are facing a lifetime of registration, while those with serious and violent felonies will get off in 20 years. Why did this happen? Because this registry scheme was only allowed to pass through the legislature if the author threw all offenses against minors into tier 3. That’s the contribution of one Ms. Gonazalez-Fletcher.

The DOJ is heavy-handedly interpreting the law with no precedential guide, because no such precedent exists. They read a code and they throw you into the tier. The DOJ stance continues to be, “If you don’t like it, sue us.”

Okay. Here we come.

Same boat, my attorney filed a 17b and 1203.4 which is scheduled next month to reduce the 288.4-F down to a misdemeanor.

@jason

Was your conviction 288.4(a) as a felony? or was it 288.4(b)? I was told 288.4(b) cannot be reduced to a misdemeanor but if you were charged with 288.4 (a) as a felony then you can reduce it via 17b.

Mr D. please keep us posted as to your status, I am in the same boat and am anxiously awaiting my fate

Yes it was reduced 17B when i got the 1203.4 at the same time

So I just got a call back from my PD and they told me they have the letter but I have to come in and get it in person and physically sign for it. So I have an appointment two weeks from today to go in and get it. I will let everyone know what happens then.

@Jesse – As I’ve had to tell you time and time again, I’ll trust my private attorney’s judgment and Janice and her organizations judgment over your tier assessments.

You may trust whomever you wish. I trust my basic reading skills and the law as posted on the official CA web site.

I guess the DOJ/PD will settle this in two weeks. Do let us know what they say. I hope I am wrong.

@RSP already got his answer. From the DOJ/PD.

@Mr. D
keep me/us posted. I emailed ACSOL. This feels like Double Jeopardy….. Doing everything right and I feel like the sentence that I already served didn’t matter and I just got sentenced worse … Good Luck Everyone..

Mr D, I am with you in trust and hope. Good luck!

I hope implementation of this Tiered Registry truly blows up all their tiny CA DOJ brains! 🤯

Had my annual today. Was told my tier designation is tbd. She also said they have 24 months! I was told it wouldn’t take that long.

I think the people that wrote this garbage really have no clue. I believe that they thought well 288(b) is worse than 288(a) so 288(c) must be worse than 288(b) when in reality 288(c) is much less egregious than 288(a) with a much lower sentencing range and a wobbler at that. Think about it, a 30 or 50 or 75 year old man can penetrate an 8 or 12 year old girl and be a tier 2 and potentially get off, but a 25 year old man can touch a 15 year old girls breast one time and their a tier 3 and on for life. Same thing goes for having one picture of a nude child, or a sting with no actual touching or child. I even think that a person would be a tier 2 if they had multiple victims age 8 or 12 and penetrated them multiple times. Now good luck finding a judge that will take you off the registry with that scenario, and i think that many people are going to be surprised when their a tier 2 and can’t get off even if they’ve been out crime free for decades. A lot of these cases are going to basically be retried with an enormous amount of court time taken up, especially if a D.A. objects which i believe is going to happen quite often. Myself, i live out of state now and was thinking about moving back to try to get removed, but i have a 288(c) along with a 288(a) on the same case, so as it stands i would supposedly be a tier 3. I also believe that the D.A. would object in my case and i would have to put out possibly tens of thousands of dollars to put together a case to try in front of a judge as these will be like mini trials.
I wish everyone else luck, but i think that this is going to be a mess for quite a while.

@Dave. The first thing we don’t want to do is start comparing penal codes against each other. We know there are so BIG issues with the registry and I believe Janice and crew will get them fixed in time. Now, I don’t believe someone penetrating an 8 year old is a level 2, as their score will be off the charts! I also believe they would be charged with force or even intercourse, which would tier 3 them. But to say a 288 C is a lessor charge if you were 55 and the victim was 15 and it happened one time than my situation, which is that of a 288 a when I was 1 day past 17, high school senior and my victim one day before 14, NO SEX, she was my girlfriend and I married her when she was 23. So remember there are plenty of 288 with age limits within 4 years. How could you justify that being a Tier 3? You can’t. Remember, every case has different circumstances. But in the end, I completely agree with you again the Tier 3 levels including ANY 228’s or low level illegal images is complete BS. Again, I think Janice will get this done. Tier 3 should be saved for the worst of the worst. And FYI, if you have more than one 288 a you are not a tier 2. You are a tier 3. Stay safe man.

Regarding your comment about the score, youre incorrect. The Static-99 doesn’t score the severity of the crime. Thats barely a factor other the familiarity of the victim to you and simple whether or not there was contact, which, ironically, would be more beneficial for your score. A 60 year old grandfather whos married with has an otherwise clean record who rapes his 5 year old granddaughter, would score a negative 3.

You can Google Static-99 Form and read the 10 question test. It’s mostly simple yes and no questions. Nothing special. I scored a 4 for an upskirt picture of minor. 1 point for being 33 years old. 1 point because she was a stranger. 1 point because she was not family. And 1 point because I did not touch her.

Had I not been in a long term relationship with my wife and had my victim been a he instead of she, I wouldve scored a 6. Automatic tier 3.

I’m not trying to compare Penal codes against each other, just trying to point out the ineptitude and complexity that were dealing with. Just to be clear, you can have a 288(a) with penetration if there are no threats, or no force, and/or if it was plea bargained down from a 288(b). Also, there is nothing in the tiered statute that I’m aware of that states you can only have 1 count of 288(a) to be considered a tier 2, and there is also nothing in the Static 99 scoring that considers the severity or the circumstances of the charge or charges. So i am pretty positive that you can have multiple counts of 288(a) if there is only one charging document and be a tier 2, and it is also possible to have a Static 99 score that is a 2 or 3 if you only have 1 sentencing, no other convictions, no force or violence, victim wasn’t a stranger, victim was female, and you were married. That’s some of the criteria used in the Static 99. Now a judge is going to see all of this and that’s when things may be a problem, and it will probably cost thousands to try to convince a judge to let you off, and you might have to try it multiple times if a judge denies you and tells you to come back. This is very complex stuff which is why the statutes are almost impossible to interpret, even for attorneys, which is going to add to the cost of them handling these cases IMO.

HEADS UP ..make shore when you go down to the police station to get your tier assessment or do your annual registration make shore you dont have a warrant for your arrest for stupid miscellaneous things like traffic tickets because you’ll be arested on the spot.
Its funny when a new law goes into affect the police department can simply just brush us off and say check back in after February but if a new law just passed regarding registration and we said sorry officer because of covid-19 things have been moving slow so ima check back in after February you be arrested and sent back to prison

Good luck

Whether or not you’re a RC, it’s wise to avoid going anywhere near LEOs, let alone into the donut shop, if you have outstanding warrants. This is common sense from where I sit.

You may wish to avoid speeding, rolling through stop signs, etc., too.

Janice, great job. My PC 243.4a was reduced to a misdemeanor pursuant to 17b and later expunged. The law clearly states that for all intense purposes, it’s now a misdemeanor. I register in both LA and OC. I contacted OC and the attendant stated (and emailed) me a notice informing me that my tier is still not determined. Tier to be determined!

One interesting note! I had the notice emailed to me – tier to be determined. Thereafter, it states pursuant (penal code) that the DOJ has 24 months to make the determination? What if you wanted to file in order to get off the registry? Furthermore, per the law, you are unable to file to get off the registry until your tier is determined? They do provide a phone number! I have filed a COR in LA and hope my request will be granted by March/upcoming court date.

@RSP If you are convicted of a violation of PC 288(c)(1)This is one of the rare offenses under PC 288 where the crime is considered a “wobbler” offense. A wobbler offense is one that, based on certain mitigating or aggravating facts, can be charged as a misdemeanor offense, or a felony offense. For any conviction under this section, You would be required to register as a Sex Offender for 10 years as a Tier 1 Offender

@TL
that’s what we were hoping for but it didn’t turn out that way. You can only imagine what it felt like to hear your a tier 3 its been a emotional day for Me and my family.

@ RSP sorry to hear this , Many of us have been living your reality , we know what it feels like , prayers in the air to you and yours , never stop fighting

I was convicted for a violation of PC 288(c)(1)
Unfortunately as a felony. I had spoken to Chance Oberstein a few months back, and he suggested that I was probably a tier 3,but at some point my case may be included in a lawsuit against the state of California.
The general reasoning behind his suggestion was ;that there are worst PC convictions that would land on tier 2.

From comments that I’ve read so far,that seems to be the case.
So at some point in the near future I need to get together with Mr. Oberstein to review my situation.

I Welcome any suggestions and or corrections.

@Alain – for your 288C did you receive probation? Or did you go to state prison? If it’s the former 288C is a wobbler and therefore eligible for 17 B reduction to a misdemeanor. If that’s the case I would check back with Chance and work on getting that done which will hopefully increase your opportunity to go to a lower tier depending on what fortunes Janice and the team have with the DOJ.

@Mr D

Thanks for the reply.
I did probation for 5 years, with a 3 year suspended sentence. Only did 37 days in county jail. And will be contacting Chance soon to figure this out

Once again thanks !!

Convicted 1996 288(a) 1year professional monitoring 5 year probation
Got 1203.4 after probation
Register yearly
No other convictions or even a parking ticket.

Contacted local registry dept. They called me back to check back w them in a few weeks or months. Waiting on what to do & how to handle from DOJ. I was the first person to contact them this year. The person was nice but did not know what to do. Her supervisor also. Patiently waiting & hoping for good results.

Hopeful,
Same conviction and same 1203.4 they assigned me to tier 2.
Hope yours comes thru soon.
Steve

Convicted 1995 288(a) touching a little girl’s chest
Sentenced to 300 days in jail (actually served 30 days in jail, 170 days on ankle monitor) and 5 years probation – No Static 99 assessment
After probation, I was told that expungement or certificate of rehabilitation was not available for 288(a)
I assume 1203.4 is one of those – apparently I was misinformed! (my lawyer had returned to work for the DA’s office and there seemed no reason to get another one)
If I don’t get Tier 2 because I didn’t get a 1203.4 I am going to be totally pissed!

It doesn’t seem like one way or another 1203.4 is making a difference (this is the “expungement”). But if it does and you were eligible for it at that time, you can still get it now. It has no expiration date.

Thanks SR!
I’ll research that as soon as I have some time.
Wondering if it requires a lawyer or something I could do on my own…

In most cases, you can file for a 1203.4 and 17B reduction from felony to misdemeanor (both are on the same form) by yourself as 1203.4 is mandatory to grant if you didn’t have any issues while on supervision and otherwise qualify. There some charges that don’t qualify regardless but there is some wiggle room if your conviction was prior to them being added to this NO list. Here’s a link to the actual section. I think your 288(a) qualifies as I believe that’s different than the 288a that’s on the exclusion list. You can try filing on your own or consult a lawyer. You may be able to speak to a public defender at the court house to get some clarification for your particular code.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4.&lawCode=PEN

@SR,

Isn’t very odd and disturbing that 1203.4 is essentially meaningless?

3 immunities:
1) Case set aside
2) Information/accusation is dismissed
3) released from all penalties and disabilities

With the registry, your dismissed information is being used as currently live/open information that negates the whole notion that your case is dismissed/set aside.

Since the registry is deemed statutory with respect to having private information, then the registry creates a contradiction within 1203.4 if the registry is using dismissed information, implying that your case was not set aside.

And the only reason 1203.4 doesn’t release you from the registry is because of PC 290.007 that cancelled the obligations of the contract set forth in 1203.4. These contradictions is the reason why “laws impairing the obligation of contracts may not be passed.” via California Constitution Art 1, Sec 9.

It’s very disheartening to know you successfully passed probation and it means nothing in the court’s eyes if you’re a registrant, but everything to every other convict that is eligible for 1203.4. Even with the current new tier, a case dismissal actually loses what little relief it did give for some, which was to not be on the ML website.

From the updated pdf SB 384 FAQ sheet:
***
If I am currently excluded from the Megan’s Law website will I remain excluded?

Pursuant to amendments to Penal Code section 290.46 resulting from SB 384, registrants who were previously granted exclusion may no longer be eligible for exclusion. If the CA DOJ determines that a person who was granted an exclusion under a former version of Penal Code section 290.46(e) would not qualify for exclusion under Penal Code section 290.46(d) as amended under SB 384, the CA DOJ shall rescind the exclusion, make a reasonable effort to provide notification to registrant that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the registrant available to the public on the Megan’s Law website as provided in Penal Code section 290.46(d) as amended under SB 384.
***
Link: https://all4consolaws.org/wp-content/uploads/2021/01/CA-DOJ-FAQs-Jan.-2021.pdf

@SR

Again, thanks for taking the time to go through all of that for me.

I really appreciate it. I’ll investigate it this weekend.

Don’t you love the logic that someone who previously wasn’t on the public ML list (i.e. not a threat to public safety) now suddenly can be? If that doesn’t shoot holes in their “public safety” argument, I don’t know what does!

I can see the court case now:

“Mr. Attorney General, what has changed about my client that has rendered him a threat when he previously had been determined not to be one? Why did you willfully fail to advise the public of this purported threat until now? Is it your position that my client’s years of crime-free life have turned him into a greater threat to public safety?”

Hi, I emailed my contact at the the local PD and have not heard back. My crime in 2001 was a 664/288(a) and in December 2019 got a COR from Los Angeles County. I was released from prison in 2003. Can anyone give me an idea of my Tier?
Thanks

@Mot

I had the exact circumstance you face, but a different outcome in the CoR process. That said here was my plan of attack had I not been relieved of being forced to register …

Letter of the law any 288(a) is tier 2. However you have obtained a CoR which as you know clearly states you are reformed and no longer a threat to society. If you have the means hire a good lawyer with experience with 290 issues (personally I would contact Chance Oberstein).

I recommend hiring the lawyer to argue a challenge to your tier level. You have unique circumstances and an argument can be made on your behalf. Not sure a judge would be willing to rule in your favor, so it’s a question on if you have the resources for a long shot …

288(a). 28 years registered.

Called my local registration agency today and asked if my classification letter was available.

They asked my name and birthdate and told me the letter was available and that I was tier 2.

because of my birthdate, I *think* I’m eligable to petition June 1 of this year (when the form becomes available) .

Petitioning begins July 1st. Because your birthday is before then, you’ll need to wait an additional year. But you’re almost done with this train from hell. Just a bit longer. Hang in there.

My birthdate is AFTER July 1 2021.

Before conviction (yes, before conviction) I was seen by the courts expert psychiatrist evaluator. The court paid for it and I agreed. I was determined by the court’s expert to have a low chance of re-offending. They didn’t have the useless Static-99 at that time. So after I was found guilty, I received a easy sentence of 4 months at a ungated farm. But now I’ll be a level 3 for Felony CP. I wonder if I can use my original court evaluation to contest my new tier 3 rating.

Possibly, but you’ll likely need to spend a ton on a good lawyer. I think most of us received low ratings by professionals. My exit letter from therapy as well as all the testing during it, showed I was pretty much the lowest of the low for danger. I am now as well tier 3 for an upskirt picture (I’m not minimizing what I did, just stating what kind of offenses our wise leaders decided were the worst of the worst and “most dangerous”).

The tiered registry doesn’t take any professional opinions into consideration. The only test they use is the stupid Static-99 and only for the purposes of applying an even harsher penalty outside of your conviction. Even for those that score a possible -3, it won’t help them evade higher tier placement. I think Janice and ACSOL will be fighting much of the tiered registry. As Janice keeps saying, it’s much easier to now amended it for the better than to have had a good version from the start.

@Lake County – The Tiered Registry Law as it is currently written assigns everyone convicted of a felony offense involving unlawful images (CP) to Tier 3. ACSOL began lobbying to change that tier assignment soon after the law was passed and will continue to lobby for that change until it takes place. Unfortunately, your risk score will not change your tier assignment.

Thanks to all of ACSOL for their hard work fighting the Hit Lists. The tiers will certainly help a lot of families.

I just can’t respect the criminal regime of CA though. How reckless and lazy did they have to be to allow CP to end up as Tier 3?! And yet they don’t even have a Tier 3 for their Gun Offender Registry. You can actually shoot your neighbor(s) with a gun and not be dangerous at all!! So nope, I’m still not going to buy into their incessant lies about the Hit Lists having ANYTHING to do with public safety or protecting anyone. The Hit Lists are for harassment, to placate dumb people, and to grow big government bigger.

This COVID nonsense needs to end soon so I can get back to really ensuring the Hit Lists are worthless. Surely by this summer. Then I will be hanging around with all kinds of people and families that have no idea that I am listed on the Hit Lists and they never will. But they are responsible and smart adults that actually protect themselves and their children so I doubt that they even care about the big government Hit Lists. In my years of experience with the Hit Lists it is mostly the rubes that care about it.

Peace to all people who do not support Hit Lists. Everyone else can burn.

Here’s some irony: while serving time for your crime, they left you ungated. While now trying to live your life after your crime, you’re only safe if you’re gated.

I have 2 felony failure to register will my time be extended another six years???????

i was convicted of 311 pc misdemeanor 12 years ago called the agency they looked my name up and said i was tear 3 lifer Go figure am out of this country for good

Whats your full code?

Can you be clearer about your specific 311 charge here? Trying to understand why your 311 misdemeanor would have put you in Tier 3, or if they made a mistake in your assignment. I’m concerned about DOJ making such mistakes and what exactly our recourse is if they do make them with tier assignments.

I’m thinking either DOJ made an error or hes misremebering his charge. As far as I can tell, all 311 are Line R and should only be felonies as written.

Anyone who believes the CA Dept. of Justice has assigned them to the wrong tier can challenge their assignment.

Weird? A misdemeanor 311 pc? 311.11 a pc misdemeanor should be a tier 1 if im correct?

Prior to 2006, all CP offenses under CA law were misdemeanors. If someone were convicted of a felony CP offense in another jurisdiction, the similar offense would be the misdemeanor CA provision. So, all CP offenses before 2006 should be misdemeanors.

Janice, any progress with getting CP possession moved to Tier 1 to match federal SORNA? Also, if someone moves from another state where they have been convicted, what’s the rule in CA? Can you be tiered according to CA law based on matching you original crime with CA statute. Some states say yes, but some require you to serve same registration you would have in origin state.

Not only CP but what about the victimless stings that have put people into tier 3

Wait, stings put people in tier 3? Attempted sex with virtual 15 year olds is the worst level of offense? This is trash.

Janice, how do we contest the designation with DOJ? Do we go to court or simply call them? Thank you.

I called my local registering LEO this morning and asked if they had my tier assignment yet. He really didn’t have an answer as to when it would be available, but said he would be looking into it as there will undoubtedly be more registrants wanting to get theirs as well. I kindly said I’d give him a call next week. We’ll see what he has for me then.

Anyone convicted of PC-288 a,b,1
They changed the code in 2019 to 287

Now 288 a,b,1 is lewd acts with force. Which I think would be a tier 3.

This had me confused for a while. I have a feeling the department of Justice is going to accidentally place some people in the wrong tear if they look at the original court records before 2019 reading PC-288 AB1

I haven’t got my tier yet the cop said it’s still pending

This site applies to this thread and what your new tier should be:

https://www.wksexcrimes.com/list-of-sex-crimes-in-each-tier-under-californias-tiered-registry-system/

Unfortunately, the information on this law firm’s website is not completely accurate. Therefore, beware of what you read. It is better to consult an attorney you know who has experience in this matter than to rely on a law firm that does not. The best answer to your tier assignment will come from the office where you register in the form of a tier assignment letter from the CA Department of Justice. Many people have reported that they have been able to get their tier assignment letter via email and/or have been told their tier assignment on the phone.

Take this list with a grain of salt. Notice how they separate the misdemeanor and felony sections of 288.4 into tiers 1 and 3, respectively, but don’t do the same with 288.2 pc. Nothing in the new 290 differentiates between felony and misdemeanor on either section. According to 290, all 288.2 and 288.4 are tier 3.

I don’t know about the accuracy. PC288(a) which is the majority of registrants is under Tier 3 on their site. Should be Tier 2 per the CA tier system.

Registering Agency: San Diego County (Sheriffs)
Offense: Possess CP, single count
Jurisdiction: Federal
Corresponding California code: PC 311.11
Conviction date: 12/2003
Return to Community: 11/2005

Tier: “Tier-to-be-determined”

Called SD Sheriff’s Licensing on 1/5/21 and was able to secure an appointment for 1/6/21. SDSO has you complete a short form in person (name, address, SS#) to request your designation letter be mailed to you, make an appt to pick it up, or have it emailed.

I requested to have it emailed to me; however, since I was already there and had made an appointment (they only allow those with appts in) I could have my letter now.

The clerk was apologetic and provided me with a 9-page FAQ on the tiers and instructed me to just make another appointment when I wanted to for a new letter. She explained it was the DOJ that makes the determination and that their office was simply the gateway to receive it formally. The letter explains the DOJ has 24 months to finalize my tier placement.

I believe it was expected that those with Federal offenses would be TBD but at least the clock has started.

Everyone was masked, limited appointments, spread out seating in the waiting area. Temperature check before entering the building.

I live in Orange County, CA. Similar conviction as you. My conviction was out of state and I relocated to CA (my home state) upon release. Talked to my local office and was told I was also TBD but because I was on lifetime supervision I wouldn’t have a tier assigned till I completed supervision? She also read this and “guessed” as she has not completed training.

Just left Long Beach Police Department was told by the 290 registration officers that they cannot give out that information without a letter from the Department of Justice . I asked her there’s no way of getting ahold of the Department of Justice so how can I get a letter she said sorry we cant help you goodbye and slam the door 🤣

I’m over it

@Aero and others – It is surprising to learn that the City of Long Beach, with all of its resources, appears to have no clue regarding Tier Assignment Letters. According to the CA Dept. of Justice, local law enforcement agencies were trained on this issue. My recommendation is that individuals in any city or county request their Tier Assignment Letters and if the city or county states they don’t know what you are asking for, then tell them it’s a letter prepared by the CA Dept. of Justice that has been entered into the CSAR (CA Sex Offender and Arson Registry) database. This is a database that is available only to government officials. If the city or county continues to deny a letter, please contact me by calling 818-305-5984.

They open on Tuesday I’ll keep you posted…

Thanks Janice Bellucci …😷👌

@ Janice: Apparently, some actually stayed awake during the training! The person in charge where I register said she is keeping an eye on CSAR.

My husband registers at both Orange County Sheriff and Long Beach PD.

On Jan 4 OC stated that the letter will be provided with annual registration…

On Jan 5 LB stated that the letters are being mailed out but we haven’t received it yet, will keep an eye out.

Hopefully I can get the letter from one of these agencies.

Looking forward to the phone conference call to get any updates!

Most likely I’ll check in with both in February if I have not gotten a letter by then.

Has anyone got their tier for a misdemeanor PC 243.4a?

Just completed my over the phone annual with Santa Clara County SO through their Records Division
314 PC conviction
They do not have any process or information on the distribution of the Tiered letters. Took my number and will be calling me back.

That’s odd. I’m in Santa Clara Co, as well.

I called the station and they told me I have to come down to register in person.

I received a telephone call from their Records Division. Spoke to a very nice individual. He told me I was on Tier 1 and would send my letter out to me.

I received my letter today from Santa Clara SO confirming Tier 1.

Ventura County here. Same PC 314 (misdemeanor) charge. I go in next week for annual, hoping to get the same great news that you got. Been registering for 17 years, never thought I’d see a light at the end of the tunnel.

Called my registry office. They are always very helpful. They said they had not yet received the tier letters, but were aware that they were being processed. She said she would call as soon as she had them.

Tried to ask for my information at the van nuys office. They officer had no idea what I was talking about, he said i had to requested from the DA at the courts. I explained what the law says but he was confused and stated that he has not been told anything about it. Sounded legit the confusion. Sounded like he really was clueless so I did no argue. How do I go about getting my information I need.

My conviction was 311.11 a pc misdeameanor, no jail with 1 year probation from 2011. Expunged in 2016.

You SHOULD be Tier 1. But for the moment, you may be Tier 3 as it seems DOJ is mis-classifying people. Your case is much more clear within the registry bill so you may luck out in not getting caught up in this. Try calling the DOJ and see what they say. It’s who you’d likely need to contact anyway should you eventually learn you’ve been classified as anything but Tier 1.

Yeah I know I should be a tier 1. But I need to hear what I been assigned so I can challenge it if need to do so.

We really need to take everyone’s comments into account. We need to respect everyone’s opinions. Can (very important) anyone share how a 17B or expungement will affect our tier level? In summary, does a 17B or expungement affect your tier? Thank you

❓❓❓❓
Hello all & everyone.
Has ANYONE received a copy of their Tier Assignment Letter??
❓❓❓❓

Yes. I requested it on Jan 4 and for it to be mailed certified mail. I got it on Jan 6.

New Person ~ I have been saying the same thing. For years the government “deprived” us of knowing who the real “dangerous” people are, and now these people are publicly listed. They could have harmed our children all these years (sarcasm inserted), so why are we not suing ML or the government that kept us in the dark about these “dangerous” criminals for all these years???

Can anyone share how a PC 17b or expungement will affect the tiers? I imagine for all intense purposes, a 17b should clearly make your charge a misdemeanor, but I might question an expungement? Please advise

@TMS – According to all of the reports I have received so far, CA DOJ is assigning individuals convicted of a felony that was later reduced to a misdemeanor as if there was no reduction. As a result, these individuals have been assigned to Tier 3, not Tier 1. ACSOL will discuss the possibility of challenging this situation in court during its board meeting on the evening of Jan. 14. The board’s decision will be announced on this website after the meeting.

So there’s the hook that the tier system was hiding from us.

We will make approve the tier system, but we will just go by your felony conviction and ignore the court’s finding of a 17b. and expungement, thereby placing you on lifetime anyway. Yeah, sounds like a HUGE improvement over the previous system. Well, thank god those 15 people that still qualify can file for removal. Of course, the court will drag their feet on those petitions as well.

Does this mean that the registry will be ignoring the 17b as to the online notification as well? I was told that my 17b would automatically remove me from megan’s list. I guess that was bullshit, too.

Oh, and by the way….we will also remove the Certificate of Rehabilitation as your only way off the registry prior to our new and improved “tiered” system. So…Yay for you!

With all due respect to our most loved advocate Mrs. Bellucci, the sanctity and function of a law that has been on the books since the 19th century should also be visited imo.

The contract of dismissal states in part “the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.”

The legislature, with no rational relation to their stated legislative intent, has infringed on this contract since 1981.

Article 1, section 9 of California constitution prohibits such an act.

DOJ will argue that it’s merely regulatory. Tell that to my prospective employer when my background check finds me on the registry. The reasonable assumption is I’ve been convicted of a sex crime.

@ Janice – Hi Janice is there any reason that you could see that the board would not recommend challenging the DOJ regarding 17b reductions as well as 1203.4 dismissals/expungements? I have to believe there’s multiple fronts that this could be approached by including the definition of conviction, not following through the language of a dismissal, as well as the language behind 1203.4 which far out dates to 290.007. It appears that there are many of us that have been adversely affected by the DOJ‘s initial assumption, and I would hope that most of us would be more than happy to chip in to cover any court costs similar to a few months ago when we were trying to fight back against the proposed SORNA updates. I have to believe that one concentrated effort to go at the DOJ would be much more successful than individual based.

I’ll second that motion Mr. D. $100 from me for cal supreme court or $500 to the cause for federal litigation. Just say the word Janice, et al.

Tier “assignment”. Not a judgement…the DoJ overstepping, breaching the separation of powers.

District attorneys going to the legislature and lobbying to introduce new laws. More of the same.

Prosecutors becoming judges, senators, or even Vice President. Still more of the same.

All to keep the gears turning in this expensive charade. A spectacle of mismanagement and misappropriation.

That’s terrible. I have a PC 243.4a that’s been reduced to a (wobbler) misdemeanor and later expunged with summary probation. I was truly under the impression a 17B was concrete. Very disturbing.

PC243.4a. So, I’ve gone from an other (non disclosable) to a Tier 3. That’s terrible.

I’ll make it easy for everybody,

No matter your offense, the state will find a way to make you a tier 3 offender. That was simple.

I can’t foresee the PC 17B not being taken into account. When granted, it’s the law and a copy is sent to the DOJ and your gun rights are re-instated. I have no doubt this will prevail

Optimistic, aren’t you. They can pretty much do anything they want to. Santa Clara Co. prosecutes everything as a felony. So if everything stands ( and I don’t see it changing) all prosecutions here will be tier 3s, wobbler be damned.

Here is the magic question. I have a 17B/expunged PC 243.4a COR in late February. The tier law came into affect January 1st. If granted, will I be relieved from registering still?

@USA,

Yes. The CoR is accepted until June 30th. On July 1st, the CoR is no longer recognized as a pathway off the registry. If you read SB-384, usually the last subsection identifies dates that starts or stops that particular section law.

SB 384 link: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB384

Read Section 11 and Section 14, 4582.03 (a)(2)(B) to confirm for yourself within the texts.

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