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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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I reached out to LEO today to get my Tier and was surprised and not in a GOOD way. My crime was 664/288(a) and in December 2019 I received a COR from LA County Superior Court . Today I was told TIER 2. That means since I was released in 2003 I have two more years to apply for removal from the Registry. If anyone knows how to appeal the Tier listing? And or can I apply for removal in July based on my COR?
Thanks

Well got my tier letter this morning and like many others it’s incorrectly labeled as Tier 3. Mine was a 288c, reduced via 17b and then dismissed/expunged in 2005.

@Janice – Do you want me to send you a copy of the letter for the upcoming legal challenge with the DOJ? I’m happy to do so.

Yes, Mr. D, please send me a copy of your tier assignment letter preferably by email to service@all4consolaws.org. Thank you.

So PC 288(c) is Tier 3. Oh dear, if only one could have seen this coming…. will you point out to the DOJ that their assessment is wrong and that your private attorney says so? Again, at the risk of being redundant, but there will be quite a few unpleasant surprises I expect. Just read the law – it is and has always been online: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=5.5.&part=1.&lawCode=PEN&title=9 PC 288(c) (a wobbler) would be in Tier 1 as it would be a misdemeanor, or a felony not listed in PC 667.5 (for Tier 2) IF (if if if) it were not for… Read more »

@Jesse – I would strongly encourage you to change the tenor of your posts. Perhaps you find joy in others misfortune but the final chapter on this has yet to be written. This will get addressed and any inequities will eventually be ironed out.

@D.H Jake
I too was sentence with a 288 c 1 Jail and Probation that was even terminated early with a Expungement 1203.4 and granted a 17b misdemeanor.. I live in L. A. county. I recieved the letter that I am a tier 3 after being contacted back from my registration officer confirming the data base also puts me in that tier. Did you receive your tier yet?

My annual registration date is in March, however, I did have my charges reduced to a misdemeanor since it was considered a wobbler. Now, if I am correct, misdemeanors should be classified as either Tier 1’s of Tier 2. My case originates in California. Once I completed probation, the PO suggested that I move to Arizona since they had a tiered system. When I got there, I was a level 1 or place in tier 1, which was the lowest level. I was not posted on the internet, nor part of the public notifications. In fact, at the time, if… Read more »

If you’re ever “asked” or “advised” to move by a PO chances are there might be details about your case that the da is trying to avoid making a bigger issue out of. Including the possibility of innocence. In other words they only want you to move because your case is a threat. Tread carefully and research about Marsy’s Law. They passed it in Kalifornia and don’t want people asking about it since it’s basically the undoing of the presumption of innocence. It achieves this by granting accusers near-prosecutorial immunities, including denying the accused their constitutional rights to confront their… Read more »

I contacted my LEO today and learned my TIER rating and am not happy. My crime is 664.288(a) and in December 2019 got a COR from LA Superior Court. My sentence ended in 2003 which now means I have another two years before being able to get off the Registry. I am place on TIER 2 and was expecting TIER 1 Does anyone, or Janice if you read this, know if there is any other option considering the COR?
Thanks

I Haven’t received any information on tier assessment Long Beach Police Department honestly could care less. Last time I was in there they were harassing a homeless Transit sex offender he had five bags of clothes and stuff in his hand and on his back . It was weird because there was five plain clothes detectives standing around him very aggressively as the guy was leaving one of the plain clothes detective came out and said did that mother phucker just leave and the 290 registration officer I was talking to about my assessment letter said yeah he’s right there… Read more »

I had called my place of registration and was told that DOJ is sending letters out and to wait for that before coming in. However, @Janince mentioned that we will not be getting such letter.

Anyone in the Long Beach familiar with this?

@Drew – DOJ has consistently stated that they will NOT send tier assignment letters to anyone. Instead, DOJ has also stated that they have prepared tier assignment letters which have been added to the CSAR (CA Sex Offender and Arson Registry) website which is available only to government officials, including registration officers. Some individuals have had luck calling the office where they register and have been offered their tier assignment letters by email or U.S. mail. Others have been able to pick up their tier assignment letters at the office where they register. Please let ACSOL know if you are… Read more »

Thanks Janice for your feedback and hard work. So I just called LBPD (down town Long Beach) again (where I register), just this morning. I spoke with another officer and he informed me that they also called the DOJ and said they didn’t even have a clear answer. However he did say that DOJ informed him again that they are indeed sending letters out to registrants from now to July. However, he also said I should call back in a few weeks in case something has changed. So, I guess I’ll have to wait a few weeks and try back… Read more »

Has anyone who’s been convicted one of the following as either a misdemeanor from the start or later reduced to a misdemeanor via 17b, have been able to get your official tier assignment? (R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10. So far, it doesn’t seem like anyone that’s posted here has been able to confirm their tier placement in regard to this. Anyone that does have one of these, has said they’ve been placed into TBD section.… Read more »

I missed two more lines that specify Felony specifically.

(I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.

My conviction was straight misdemeanor 311.11 a pc. There was no need for a 17b beacuse i was convicted as such. My issue is trying to get my tier assignment from local PD van nuys which they claim they have no idea what i’m talking about and to go as the DA. I may look into getting a lawyer

Thanks for the post. It’s one of the issues I was mentioning. They seem to be putting people like you into TBD for now (or your PD saying they have no idea). I’m hoping someone with your conviction or another one that’s listed specifically as a Felony have been able to get an actual tier assessment. So far, I believe no one has. I believe one of the issues for your 311.11 specifically is that I think the DOJ is waiting to find out what to do about the Static-99 for you as 311.11 never received that nor do they… Read more »

Not sure what to make of the Van Nuys situation as that’s LAPD and I’m surprised they don’t know better by now. Regarding your other point about 311.11a… There is NO ambiguity in SB 384 about 311.11a charged as a misdemeanor. This is Tier 1, full stop. So there isn’t any consideration about Static-99 to be made. It is N/A in this situation. I have not read any account of someone reporting 311.11a charged as a misdemeanor being placed in TBD. Rather I just haven’t heard anyone reporting their experience here on this particular situation yet at all. We had… Read more »

The reason that I brought up Static-99 is that it’s used in the tiered registry to place someone into Tier 3 regardless of what their offense was. You can have whatever one might possibly be charged with on the lowest end, and still end up Tier 3 if they score well above average (6+). It’s these people who may petition off Tier 3 and the registry at 20+ years. And since 311.11 doesn’t apply to the Static-99, I can imagine they’re placing people with this into TBD until they can iron this out.

My original charge was 311.11(a) felony. It was reduced to misdemeanor through a plea deal in late 2014. I was able to get my tier letter and I am designated as tier 1.

In the meantime, I am not eligible for 1203.4 expungement since they changed the law so that 311.11a could no longer be expunged after Jan 1, 2014.

I will wait my almost 4 more years and petition for removal..

SR Seeing as how the Static 99 states that its only valid for 2 years, potentially up to 10, but that’s a different issue; I believe that the wording in the tiered registry bill is for convictions made on or after the implementation of the bill, not retroactive, especially over 10 years. If you get a guy that keeps getting arrested for indecent exposure, it’s still considered a tier one, but the courts may utilize static 99 and criminal history based on a pattern of behavior that the individual may be deemed high risk to society and place him in… Read more »

Potentially up to 10 years?? The Coding Rules say Static is only valid for “approximately two years.” The Tiered Law states that the Static shall be used in accordance with the Coding Rules. Therefore, the Static is valid for only “approximately two years.” If the legislature, governor, CASOMB, SARATSO, and Department of “Justice” didn’t read the Coding Rules when it implemented the Static to overrule tier designation based on offense, then THAT’S ON THEM. Because requiring lifetime registration, solely on the Static, is illegal, according to the Coding Rules. It’s surprising as it is that the Static junk science has… Read more »

That’s more or less the point I was making. It says valid for 2 years, which means those convicted of offenses after tiered law goes into affect could easily be labeled a tier 3, for a misdemeanor charge. I’ve read some studies that say it’s valid for up to 10, mainly because even the highest score can become “no risk” after 10 years. I don’t believe they will be applying this retroactively to place someone in a higher tier level, but then again—I’m sure they’d overlook the “science” they use if it means more people lumped into tier 3.

It doesn’t matter what those “studies” say… whether 10, 15, etc., years. The Tiered Law states that the “well above average risk” shall be determined “as defined in the Coding Rules for that instrument.” The moment the Tiered Law was implemented as law, the Coding Rules were incorporated as de facto legislation. When the Coding Rules say it’s valid for “approximately two years,” then the Static/SARATSO is only valid for approximately two years… study or no study. The fact Karl Hanson has let his draconian creation be used for more than it was intended (which was originally only “triage” of… Read more »

Believe me, I’m not arguing with you on your points. I agree

1. I don’t think the 17b will fly. I believe the DOJ must respect the 17b and this will change
2. Most tier 3’s are still able to petition the court after 20 years
3. You (tier 2/3) can still petition the DOJ to not be placed on the Megan’s law website
4. I believe my COR will be granted in February and I’ll be done!

I always been told that I was a low risk but yet I’m on 3rd tier and this is the only felony that I have on record, can I still apply

I think we are all coming to the realization that the tier registry is a scam. They made up tiers, then did as they wanted to keep everyone on the highest level possible. How can any offense that the court is willing to move to misdemeanor status warrant anything higher than tier 1. Law enforcement is laughing in our faces because they knew it all along. Lawyers are telling clients they can be assigned a lower tier by getting a reduction, when the fact is they can’t. People spent thousands of dollars to get these reductions and they are essentially… Read more »

If you didn’t think an agency wouldn’t interpret this in a way to screw someone over, you’ve been living under a rock. Thats the modis operandi of any government agency. Now its up to the Courts to decide what the law really says.

I tried warning people before the tiered registry passed that it wasn’t a good thing, but got mocked and called selfish. Now that it’s here, there’s still no one that fully understands how it works nor how little chance anyone has of getting off the registry.

So really, the only way off the registry is death. O.K.

Sr, I completely concur. I have a PC 243.4a reduced to a misdemeanor pursuant to 17B/later expunged. My tier is to be determined. The difference between tiers is a 3 with a Felony and misdemeanor with a misdemeanor

Thanks for your post. Made me go back and look and see that there are two more lines that call out this and another conviction as Felony specific. (I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1. (J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4. Seems like people who have had these wobblers are being told they’re in TBD. But people who have convictions of the codes that don’t specify F/M (even if they are like 288.4 that seems to… Read more »

This is the bottom line, If you ;like myself have received a PC 17b reduction. Then it is a misdemeanor for all purposes! That is the law! So if you were convicted of a felony and it was reduced to a misdemeanor, then by the letter of the law and it MUST be granted as a misdemeanor not a Felony. It does not matter what any lawyer says , it is written in the penal codes , it is law!!! If the DOJ is incorrectly putting people into the wrong tiers, Then I trust that we can challenge this in… Read more »

@ CA: CDCR does this crap all the time, so I am not surprised to hear that CADOJ is also doing it. And each time CDCR has done it, Janice sues them, they go to court, and Janice wins. Every time. (I think this is just how the CDCR and CADOJ “little brains” are wired. Apparently, they’re incapable of learning that the courts will not allow them to create and implement their own special laws.)

It’s such a game with them, isn’t it? They completely disregard a law and essentially say, “If you don’t like it, sue us.” Do they know they probably will lose? Sure. But they have endless resources and do this to mess with people. It’s like a DA’s office that continually appeals a case just to financially drain the other side. If they can’t win on merit, they will try to empty your bank account until you can’t take it any further. Who cares about court costs when your check book is like the pasta bar at Olive Garden?

Good luck with challenging it in the next six months. The courts have been closed more than they’ve been open and they’re slow getting court dates for anything. I’ve been waiting over seven months to get a COR court date and there’s nothing to indicate I’m going to get one before the June deadline. They conned us with this tiered registry thing, pure and simple. Many who at one time had at least a chance of getting off the registry with a COR now are losing that chance.

@td777 – Going to court may not be necessary. Janice might be able to resolve it simply by working with certain individuals at the DOJ; maybe they don’t realize the mistake that has been made. Hopefully it’s a situation that can be resolved quickly and sooner rather than later.

@Mr. D – There’s another side to it also. Many of us who should have been Tier 1 were changed last minute to become Tier 3, including myself. My last chance thanks to the tiered registry is to get a COR granted before June, and since the courts are delaying the COR cases, even that’s not looking likely. I should have been able to get the hearing last summer, but COVID has put that on indefinite hold and it’s looking more and more like it’s not going to be done in time. I have nothing positive to say about the… Read more »

@ td777: Janice has already filed ACSOL’s lawsuit.

Furthermore, think about this. I plead to a Felony PC 243.4a. The charge was reduced pursuant to 17b. I was initially posted on the Megan’s website. You can be removed with a misdemeanor battery. I was removed immediately after faxing a copy of the 17b. So, they clearly acknowledged it was now a misdemeanor then?

Yes. The rules on who gets to stay off the internet are only valid through this year. Next year a bunch of people who weren’t on there are now going to be public per SB 384 (this is the tired registry bill).

SR,

I was actually better off before the tiered system was implemented. I was able to file for exclusion, even though the entire system was lifetime. Now they are making CP misdemeanors via a 17b tier 3 AND posting on internet. How this has improved my life I will leave for Janice and Chance to some how explain.

@Way, it’s easy to lash out at those who support us because they are closest. I ask you to do the right thing no matter how you feel. Start by considering what you type before you type it. Your statement “How this has improved my life I will leave for Janice and Chance to explain” is a false and loaded statement. It assumes ACSOL wanted you to end up in this situation. WRONG! Fake reality alert! ACSOL supported a version of the tiered registry that did NOT do this to you. It would have gotten most registrants off the registry… Read more »

I just think that the Tiered Registry should only display anyone on ML going forward, but not retroactively. Don’t get me wrong, the registry should not exist at all, but since it does and won’t go away for a while, make the “punishment” goring forward. This way, new crimes that involve sex offenses can be discussed with an attorney prior to going to sentencing. People who commit “sex offenses” are at least somewhat aware of what might await them. But, leave those who committed these crimes in the past alone. They were not given a fair understanding what the registry… Read more »

The registry has always been a toy that politicians play with when they’re bored or up for re election. So they will screw with it at our expense, totally disregarding the legal ramifications. Since they can always plead the “non punishment” argument. As to putting prior released felons back on death row, be careful not to say it to loudly. Some eager politicians might think it’s a great idea And name the bill after you! 🤔🤗🤫

SR, please excuse me. I posted a comment directed towards you and used your Header. Your last comment was absolutely to the point. I concur

I went on line , found 5 different law firms touting the benefits of the 17b as pertaining to the registry, then contacted each one and spoke to a representative about how they were incorrect in their statements. To a person, each one said,” What? Really? Well that isn’t right and we don’t agree with that decision.” Well, 1. Great! You don’t agree with the registry or how the tiers are being determined, no shit! 2. These guys are licking their chops to get hired for appeals to the decision. 3. A lot of people are getting very misleading information… Read more »

Called Van nuys today told them a lawyer had adviced me to call back and tell them they access the info through CZAR and about the law and they gave me my info!

311.11 A PC MISMEANOR CHARGED AS SUCH NOT REDUCED. 1 YEAR PROBATION (ENDED EARLY 9 MONTHS)NO JAIL 20 COUNSELING SESSIONS.

TIER PLACEMENT….. TIER 1!!!!

I’m so happy i can apply to be removed this year. I wish everyone else a lot of luck and stay safe!

Talk to the supervisor at Long beach police department she said she talked to the DOJ personally and they said dont give out any tier information to registrants with out a letter from us authorizing it.
Now they’re just making stuff up and just lying in people faces the real question is why is Long Beach Police Department trying to hide that information from people or denying people their personal information somethings up I gotta feeling at the Department of Justice and SORNA I going to pull some shiit before July.

Good luck

Called Van nuys today told them a lawyer had adviced me to call back and tell them they access the info through CZAR and about the law and they gave me my info!

311.11 A PC MISMEANOR CHARGED AS SUCH NOT REDUCED. 1 YEAR PROBATION (ENDED EARLY 9 MONTHS)NO JAIL 20 COUNSELING SESSIONS.

TIER PLACEMENT….. TIER 1!!!!

I’m so happy i can apply to be removed this year. I wish everyone else a lot of luck and stay safe!

That’s good to hear! Now hopefully someone with your code or another 311 code who had it reduced via 17b could confirm what their tier placement is. I’m thinking I may have been correct in my previous assertion that DOJ is looking at the tier system literally and assigning those to Tier 3 whose code(s) don’t specific one way or another that it’s a felony or misdemeanor, and are treating it all as the same. I still believe it is wrong to assign someone to the most dangerous tier when their record has otherwise been reduced and cleared, but at… Read more »

I spoke with a lawyer, when van nuys denied me my tier assignment i was ready to storm in there with lawyers to demand my letter. Anyways some useful info I was given is that all placement is based on original convictions and assesment scores. The law does not spicify that they have to take 17b into consideration. Some lawyers have talked about challenging that. It seems lawyers are ready to start filling motions on offender behave to be removed starting july 1st they are getting ready. Also was told that anybody that can get their certificate of rehabilatation in… Read more »

I think the lawyers you spoke with are guessing at that problem with 17b. The SB 384 didn’t need to specify anything as 17b is absolute. There’s no asterisk for it like there is 1203.4. I still contend that they’re going off the fact that several of the penal codes for tier 3 do not specify felony-only like for 311’s and a couple of others. And so far no one with one of the felony specific codes that had it reduced via 17b have replied with their tier placement. It’s been either “TBD” or “we don’t have that info”, or,… Read more »

What is your purpose here? To make childish remarks and try to bring everyone else down?
Stop being such a pathetic child and man up.

Ca, I’m in the same boat as you. PC 243.4a reduced pursuant to 17b and later expunged. I believe we have until January 1st or whenever. I hope my COR will prevail in Feb. Keep me posted on your outcome.

If it goed thru before july 1st you will be good. I wish you luck

Thanks MM. LA has a new DA. I wonder if the actual DA reviews each case? In summary, I wonder how or who makes a decision regarding how the DA will take a position on the case? Just curious. I just pray that each and every one of you can live in peace. Best regards – Thank you Janice

@way too long – I believe you’ve been on this website way too long (pun intended). It’s excusable for you to insult another posting member here who is somebody who tries to provide guidance and help others and is very active in our pursuit for relief. Perhaps you might find a different website more to your liking since you’re so unhappy here. Please feel free to move on.

PC288(a), registered since 1996. Spoke to Alameda County Sheriff’s office. I am the first SOR to inquire about the Tier assignment letter. Was advised by the detective responsible for SVU that I am a tier 2 and that the county has yet to identify a process for distributing letters. He advised to go to http://www.oag.ca.gov (https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf) for additional information. He thinks that I would be able to come off the registry on 7/1/2021. But that was his uneducated guess since my BD is in December. This is promising news and since the bill was co-sponsored by Alameda County District Attorney… Read more »

Pled nolo contendere to 1 count PC288(a), convicted in 1996. Sentenced to 1 year jail (Served 7 1/3 months), 2 years probation. Registered since 1997. Spoke to Alameda County Sheriff’s office. I am the first SOR to inquire about the Tier assignment letter. Was advised by the detective responsible for SVU that I am a tier 2 and that the county has yet to identify a process for distributing letters. He advised to go to http://www.oag.ca.gov (https://oag.ca.gov/sites/all/files/agweb/pdfs/csor/registrant-faqs.pdf) for additional information. He thinks that I would be able to come off the registry on 7/1/2021. But that was his uneducated guess… Read more »

The lady in my registration office is very helpful. I called and she told me that they had not yet received the letters from the state. She noted my name and said she would call when they are received. Considering her professionalism, I am confident that she is being truthful.

I received my tier designation letter in the mail today after requesting it by phone from my police department. 311.11 a – Charged and convicted as a misdemeanor w/ 1 year summary probation and (as part of my plea deal) I have always been excluded from the public website. Placed in Tier 1 thankfully Also included in the envelope was a nine page printed FAQ from the CA DOJ. One of the sections caught my eye and has me worried sick. It says: “If the CA DOJ determines that a person who was granted an exclusion [from the public website]… Read more »

I don’t understand your post. I too was convicted of 311.11a as a misdemeanor in 2003. I have never been on the public site as this offense did not put you on the public site. And being in Tier 1 now, that will continue.

You said you made a deal in your plea agreement when charged with 311.11a as a misdemeanor that you would not be publicly listed. I don’t understand why you would have to do that since this offense wouldn’t have put you on the public site anyway. Can you further explain/clarify your particular situation?

FWIW, you are reading the law incorrectly. It first lays out the offenses that the site will list publicly with full address. Sucks that they put felony 311.11 on that list, but that’s what happened. Then they lay out the offenses that the site will list publicly with ZIP. And then they list some specific situations where you can pursue exclusion eligibility if your offense is listed for public posting and you want to petition to get off the site. Those are what you cited. Misdemeanor 311.11 is NOT listed on the address or zip lists. It like other (but… Read more »

You’ve misread it. All Tier 1 postings will not be listed except for 647.6. This will have a partial listing thay includings the zip code. All Tier 2s will have the same partial listing. All Tier 3s will be fully listed.

Our charge as 311.11 a pc misdemeanor is a tier 1 and we will not be on the website as tier 1 is excluded completely from megans law publication…

Change ~ Here is how I read it: Formerly, some were able to apply for exclusion from ML, whether it was the Zip Code only or Full Address category. They went away with that option with the new Tiered Registry, so IF someone is listed now, they can’t apply for exclusion. Since you are not publicly listed under the new Tiered Registry, you would have no need to apply for exclusion since you are already not public. Does that make sense? At least, that is my interpretation of this.

Yes, it does make sense. Thank you all for your thoughtful responses. I was definitely under the impression that I had been excluded.

I plead to federal possession and receipt of CP on 2003, offense date was 2001 when PC311.11 was a misdemeanor. Sentenced to 21mo, served 18mo with 3 years probation. I have never been on the Meghan’s Law website. I am cautiously optimistic that I will be placed in tier one when they determine the equivalent state law at the time of offense in 2001. Any one know?

We’re in the same boat and I hope it isn’t sinking! My lawyer actually tried getting my federal case (poss CP) handed off to the state so that it would be a misdemeanor (pretty much anything “federal” is a felony); unfortunately, we weren’t successful. Like you, I am hoping that as my case would have been a wobbler in California at the time of my plea (2003) that we’ll see a Tier 1 assignment. As of this writing, my tier letter says I am “to be determined.” Which, I suppose is better than outright tier 3. Good luck ExpatRFSO.

When comparing the federal law to state law you have to look at the date of offense, not the date of conviction. It’s hard to find previous codes online, but this link says 2005 and shows 311.11 punishable “by up to a year in county jail”. That means straight misdemeanor, not felony, and not wobbler. The new 290.5 just says the same thing as the old 290.5: “equivalent state law”. And it specifically says “felony conviction of 311.11” They *should* eventually assign us to tier 1. Fingers crossed. I’m afraid to look. If they try tier 3, at least we… Read more »

I am in the same boat, and 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… Read more »

Ok so I’m starting to get scared now. I have a 288.2(A)(1) from 2015. It’s a wobbler but mine was a felony. Got house arrest, probation. Finished all that and got 17b and 1203.4 in 2019. I have never been listed on the website. The link to that wklaw place says that 288.2 is Tier 3. Also apparently all Tier 3’s will start to get listed starting in 2022. Am about to lose my job of 15 years and have to start finding another one soon. Am I about to be screwed? Not being listed was a huge part of… Read more »

@JesusH – My understanding is that not all tier 3 will be listed. If your victim happened to be a family member of various sorts you will not be listed no matter your tier.

How about no victim at all? It was an online sting. How does that factor in I wonder.

@Mr. D, do you have a reference to this? I’ve never head of this before. Is there a specific entry in the new law(s)?

@Drew – SB 384 states as follows as relates to exclusion starting January 1, 2022: Any offense which the offender successfully completed probation provided that the offender submits to the department a certified copy of a probation report present presentencing report report prepared pursuant to section 288.1 or other official court document they clearly demonstrates that the offender was the victims parent, step parent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any… Read more »

@Mr D, so that seems it’s in regards to if you obtained Probation, but not Parole.

i just left san bernardino pd got my letter from doj from records clerk at the counter just showed my Id simple process , 288(A) 1989 riv county ,,,,stated im tier 2 , so when am i eligible to request removal . my birthday is may

Tier 2 means you have to register for 20 years. Since you’re already well past that date you now qualify to file. However, because your birthday is in May, you’ll need to wait an extra year to do it (you can file anytime after your birthday in 2022). Reason being is that DOJ doesn’t have it’s shit together and legislatures passed a rule recently that requires anyone who’s birthday is before July 1st of this year, who would otherwise qualify for the petition, to wait until after their next birth to do so. They’re basically going to be overwhelmed with… Read more »

Pleaded to a deal in 94, felony 243.4 1 year county jail served 4-6 months f/b 3 years probation. Internet exclusion. Obtained a 17b and 1203.4 in 2019. Went to the police Dept and the sheriff at the counter had no idea what I was talking about regarding my tier placement as if I were speaking a foreign language. Concluded that I should call the detective in charge of registrants. Called that same day, left a message which he did call back 5 days later. He seemed baffled and indicated that the DOJ is probably behind on things bc im… Read more »

@SR Nope, DoJ just bought another year to make up for last year’s “disruption” of their usual cadence of sex offender stings. Basically it gives them another year to try to get offenders on second charges or whatnot, since that’s what the district attorneys need to keep selling the whole package. There’s already been a rise in ICAC sting stories, the easy stuff since that’s just about accusing people of downloading “images”. They just need a person’s wifi to do it. Now let’s see how many George Floyds get forgotten this year and suddenly appear in the media in 2024… Read more »

thanx SR BEEN WAITING NOW 30 YEARS SO I GUESS I CAN TOTE THE STRAIT LINE FOR ANOTHER YEAR, IM BEING SENT TONS OF LEGAL MAILINGS FROM DIFFERENT LAYWERS. SINCE JAN 1 ,, BOUT USING THERE POSSIABLE SERVICE TO HELP WITH PROCESS . WANT 250$ JUS TO LOOK INTO IT……LOL I WILL BE SPEAKING WITH JANICE SINCE SHE BEEN ON MY JOURNEY WITH ME FOR OVER 10 YEARS ….

Good attitude, WB! I’m glad you’re not letting it get you down that you have to wait an extra year. And yeah, ignore all those fliers you’re receiving. They’re nothing but con-men. I get those letters time to time again and they’re always filled with biblical quotes to try and entice people. I’m sure they get plenty of business from desperate people who don’t understand the laws, who are still left in the same situations but poorer. For the most part, filing to get off the registry should be as simple as filing for 1203.4 and 17b, in that it’s… Read more »

I have a 664/288(a) from 2001 with sentence completed in 2003 and I have a COR from Dec 2019. I wonder if anyone has worked with the Public Defenders Office in LA County to get a reduction from Tier 2 to Tier 1? I have a contact lawyer’s name but want to know if someone has been able to do this before I call

I doubt anyone has been working on this yet as it hasn’t yet been fully implemented. No one can file until July 1st and there’s already a bunch of issues coming up. This year is likely to be messy and we’re more than likely to see ACSOL file additional lawsuits if 17b is indeed being ignored and/or the law language is poor and some offenses are Tier 3 regardless of your legal standing. Basically, pretty much all lawyers agree that if you you have nothing but misdemeanors whether through the original conviction or later reduced via 17b, you should be… Read more »

I believe the DOJ will have to address the 17b. I believe they must legally respect 17b. I had my 243.4a reduced 2nd to 17b and I was removed via the website after faxing my 17b to them. Does anyone else have a PC 243.4? Lastly, I was informed that you can obtain a COR and some misdemeanors of granted will be removed from the registry. You have until July 1st.

Long beach police department refuses to give us tier assessment letters I’m just curious why it’s not hurting them to process that information.
I really don’t wanna spend $2,000 on A lawyer to go down there and get my letter they should be doing their job.
when I spoke to the 290 registration supervisor she said shes in contact with the DOJ personally and she doesn’t have the authorization to access that information let alone hand out a letters.

Good luck

@AERO and others – ACSOL will contact Long Beach today to discuss the topic of tier assignment letters. We know of no excuse for the failure of that city or any other city to provide registrants with those letters. According to CA DOJ, the cities were trained regarding how to access tier assignment letters in the CSAR database that is available to government only. There is no reason to hire an attorney to get a tier assignment letter. In fact, it will be a waste of money.

@AERO and others – I have spoken to the Registration Office in Long Beach and was told that they are not providing registrants with information or letters regarding tier assignments because they have not been trained by CA DOJ to do so. In fact, their training is not scheduled until next month (February) and they are not sure how long it will take after to be able to disseminate letters and/or information. I have followed up this conversation with an email to CA DOJ asking if training for Long Beach can be done earlier and if there is another source… Read more »

@JANICE BELLUCCI

THANK YOU..words can’t express my appreciation you are a true blessing
💪😎

Thanks Janice! You definitely got further and more info than some of us that are effected.
I will patiently wait for any further news. I guess for me, it almost makes no difference since I’m nearly 100% sure I’ll be in T-3…. oh well.

Janice, I want to personally thank you and the ACSOL for your tireless effort in fighting for our collective cause. My case was in 1998 and classified as a 288C1. I served 3 months in the Los Angels county jail, fined $300.00 and placed on felony probation for 5 years. I later had my case reduced to a misdemeanor due to the fact that it was a wobbler. Since being removed from being on probation, I have completed a business credential, an associates degree and a bachelors in finance, however, I remain out of work. What I have found to… Read more »

Janice, please call Alameda County. They don’t have a plan for when they will provide the tier letter.

As Always, YES, THANK YOU JANICE! [& BY Chance, of course]

Thank you Janice for contacting LBPD. I will need to wait for the following year May 2022 but hopefully by then that police department will have answers

Like Janice said, no excuse. Their excuse is that they are LBPD and they are lazy, and spend all their time posing for giant group photos without a mask. Our taxpayer dollars at work.

@D.H. Jake – If you don’t mind my asking, where are your charges from California or Arizona? The reason I’m asking is I’m looking at moving to Arizona at some point in the future for retirement and I had the same exact charges you did reduced and then expunged. Curious how Arizona treats that.

I live here in Florida where they say that we have to register because of the requirement to register in California. I was told told by someone at the fdle that I would have to demonstrate that the law had changed in Cali due to the fact that we can’t apply to be removed from the California registry because we don’t live there. My crime is a 243.4a Felony, I have been on the registry since 1997 with no subsequent crimes or any crimes period. I know that if I lived in Cali , I would qualify for a certificate… Read more »

@BAM and others – If you live out of state and need proof that the registration law has changed in California, ACSOL will provide you with a letter stating such. There is no fee for this service. Send your request for such a letter to service@all4consolaws.org.

@Janice – Hi Janice did the board make a decision last night during your meeting as it relates to misdemeanors being improperly applied as Tier 3 from the DOJ?

@MR.D
I kept looking at my phone too. I’m losing hope my wife for sure has . I have called and asked even called a couple of lawyers no one seems to want to answer me which of course is never a good answer. I’m happy for all this helped and for ACSOL.
I just feel This one kind of backfired on me. Good Luck everyone our family is hoping nothing but blessings to you all .

I emailed the detective that handles my annual registration and in a week she replied with my tiered letter attached. Very easy and straightforward. I’m happy I am assigned to Tier 1. There’s hope after all.

What’s your offense code and initial conviction level? (felony/misdemeanor) If you don’t mind sharing, this is important information for ACSOL at the moment.

@Freedom 2024
.What County is that??

Registered this week. I have a COR pending, so I was expecting to be harassed. That did not happen. At least not today. The person behind the counter was professional and friendly. I have been going there so long that we are now on a first name basis. I was given my DOJ letter. Tier 3 for life. No chance to ever change anything. All of that for a single consensual picture, 20 years ago. Several years later, that person claimed to be 9 days shy of the age of 18 while under pressure from the Sheriff’s Office. Tier 3… Read more »

What’s your offense code? You might be able to get a 17b reduction.

SR, I have a certificate of rehabilitation pending. Been working on it for two years. 17b is not an option for me. If I am successful with the COR, I will be okay. If not, I am T3 for what’s left of my life. I am well versed in the penal code, and I have a very competent lawyer. My entire plea deal was focused on the fact that I would never be on the public website. I guess the joke is on me. If I had known then what I know now, I would have taken my case to… Read more »

@ punished for life I can understand your skepticism in regards to the new law is it does not improve your outlook. Please don’t give up hope. The law has changed. And it can change again. Per the information you posted, your circumstances is one that will be receiving the most attention for future changes. Given that California placed it as a tier 3 vs a tier 1 in federal SORA. No one knows how the future will play out. Additionally you are awaiting a CoR … that also can change your circumstances. When I received my sentencing and the… Read more »

@Interested Party, Did YOU get your T-3 letter even though your sentence applied?
Thank YOU for your experiences and positive thoughts and comments.

@dph I did not get a letter as I was relieved from being forced to register as part of my CoR. I wish I could explain how it happened. Everyone told me it was not possible and that it would not happen. However, the San Diego DAs office as well as the judge for the CoR were extremely supportive. As negative an experience as my legal was leading up to and through my plea … my CoR was the exact opposite. The lady from the DAs office congratulated me and wished me a happy birthday (my CoR hearing was on… Read more »

Does (Janice) anyone have updates on how the DOJ will address 17b or expungement? Thank you

Hey guys help me out please. I have a 288(a). I got one year in jail and felony probation. Probation was over in 2000. What is better a 243.4 or a 17b? Which one will get my right to own a gun? How do I get this? Do I fill out a paper or get a lawyer? Please give me info thanks in advance

I think you meant to say 1203.4 instead of 243.4. 1203.4 does not restore gun rights and seems to currently have no affect dealing with the registry. 17b should restore gun rights in most cases, but generally requires the original offense to be a “wobbler”, meaning the offense could’ve been charged as either a misdemeanor or a felony. I’m not sure if your 288(a) is a wobbler, but the fact that you got probation is helpful in that regard. You should contact a lawyer about your case.

@ thankful in bako If you have straight 288(a) I believe you don’t qualify for the 1203.4 or 17(b). I am not a lawyer, so it’s worth getting real legal advice but here is my understanding. To qualify for a 17(b) you need to be convicted of a wobbler … meaning your crime could have been charged is either a felony or a misdemeanor. 288(a) is a straight felony. To qualify for a 1203.4 you need to be convicted of a crime which is not excluded. 288(a) is specifically excluded. There is an exception for an attempted 288(a), which is… Read more »

Give Chance a try, pro assessment By Chance

@Bako, While it is may very depending on the circumstances of your case (definitely reach out to Chance!), it is possible to get a 1203.4 with a 288(a). The change in this came between 1997-98. In 1997, a bill was passed that excluded 288(a)’s from a 1203.4 However, if you were convicted before it became law in Jan of 1998, there is a chance that you may in fact qualify for the 1203.4 This was what happened for me, as I was convicted in Apr of 1997 and the bill passed and was signed sometime later that year. However, because… Read more »

As it says above, 4 times, this comment section is for tiered registry experiences only. People come here to find out where others have been placed. Your question has nothing to do with that. Please take your discussion to the proper section.

I can’t remember how I found ACSOL Janice Bellucci and this website but I’m glad I did I feel for all the lost souls out there going through this alone not knowing of the situation their in.
100.000 sex offenders in California I bet 25% of them don’t even know about ACSOL maybe they should send out flyers like those fake law firms

Good luck

ACSOL has considered mailing letters to every person on the registry and haven’t done so because of the cost — about $1.00 per letter x 100,000 people. If someone would like to make a donation in that amount ($100,000), we would be happy to mail the letters.

Better plan, Set up chapters within the state. A person in each county can handle contact thru court appointed psychologists and probation officers. A simple business card is about .10 , and can have the ACSOL logo and referral/ benefits/ contact data. That would possibly cover new registrants. Have a non registrant look up on Megans list and visit their homes and explain your cause and drop off a card. “ I am a fellow registrant and would like to offer you the opportunity to be part of a group supporting you and your family.” Simple outreach could bring in… Read more »

Way too far, I’m not sure what you mean by “A person in each county can handle contact thru court appointed psychologists and probation officers”. Why would psychologists and probation officers be willing to help us in any way? They both make their living off the registry. There is 0% chance they would hand out any information about ACSOL. The $1 cost per letter is probably an under estimate of the actual cost. A stamp is 55 cents, envelope 10 cents, 1 piece of paper with ink is about 20 cents, then there is labor costs which will be the… Read more »

I don’t see how any court appointed or state system related psychologist or psychiatrist (forensic or not) would ever want to truly and ethically help someone in the system other than they are supposed over time because drawing it out is job security. Look at those in Colorado when it was determined the same was detrimental to the client but the state overrode it anyway after judgement.

There are plenty of those non-state forensic experts who fit the science needed to determine the real dangerousness of people and should be sought for use.

Thx Janice and chance for reading these comments so much, I only donated a 20-sorry unemployed still) waiting for 600

In appreciation for all ACSOL does, I made a donation today. I encourage others to do the same.

Thank you, PR, for your donation as well as encouraging others to donate as well!

Santa Clara Co. began charging all 311.11a as felony 7 or more yrs ago. Wobbler be damned. So I guess order to keep everyone on Tier 3, the D.A. Will continue that practice. Evidently , once convicted, no reduction , expungement , or anything else will change that. The probation officer was right when she told me I would have been better off being convicted in any other county. At least I won’t be buried on this shore. I have stipulated my ashes be returned overseas to be laid beside my love. Not much longer , honey.

They started doing that 7 years ago because 311.11a was amended to be a straight felony (Jan. 1st, 2014, I believe). Those who were convicted previously to that are still grandfathered into be eligible for a reduction.

I didn’t know this. My misdemeanor conviction was in 2017. There must be some sort of loophole.

SR,

Wrong, because my conviction was 5 1/2 yrs ago and I rec’d a 17b.

So were you given an official Tier designation yet?

Hey all,

This page is suppose to be about everyone’s experience since the new law went into place. People have a lot of questions and are probably scrolling through nervous and such. I see a lot of complaining and anger on many posts and few about the actual experience going through the new process. We are all upset but lets respect this topic!

@Matthew,…Here, Here! We need to.add our experience and call in on Saturday on phone.or general here.

I called the LA County Sheriffs in Lomita. The lady who takes care of 290 said that every person she has looked at is “TBD”.
I find that strange especially from her as she has always been helpful and friendly.
288(a) – 1998 – 6 days in county jail – 5 years formal probation – excluded from ML website.

@MLinCA, you are very lucky, very.
She still is helpful, she feels overrun and prob telling The Truth to be dated, LA Co. Has 1000’s of 290s (registrants) and CA DOJ prob isn’t completed since they do the whole State. That what her system states, she doesn’t know, but should have her LASO SuperV Call/contact ML either AG office for a date line.or expectant. Not Fair, but prob true. SECOND is the largest sq miles and many get same response. Be patient Level 1, we were informed to come back post Feb 1st, next month.

288(a) aren’t excluded from the website never have and never will.

@WTF

This is not strictly true. For many years while I was in CA I was excluded as a 288(a). It all depends on who the victim is and their relationship with the offender.

@ MLinCA: It sounds correct to me. I was told the same thing by the woman who handles registrations in my city. She said she’s watching CSAR for any changes/notifications, but right now, my tier designation shows “TBD”. NOTE: My conviction wasn’t in California, it was out of state. I think the reality is the dumbass CA DOJ – despite hiring 60 additional people to work on this – still can’t get their s*** together. Just like when ACSOL sued them (and won) years ago to force them to correct all the errors on the Registry website and DOJ dithered… Read more »

Every person forced to register should have home surveillance all through and around their house and when you leave out the door you should were body cameras to document any encounter with vigilantes law enforcement or just in case your falsely accused of anything you have it all documented
I can bet 50% of the encounters we have with law enforcement are unconstitutional and A violation of our civil rights you gotta protect yourself out here it’s no joke

Good luck

Start with a home camera, cctv or similar. Then, get a dashcam for your car. Make sure to always have your phone charged, meaning charging ports and cables everywhere you go. This is to maintain your camera always being ON in the background. So you are always on the ready.

@ both above

Do NOT use an open WiFi that broadcasts, better no wireless devices at all really. Neighbors on NextDoor are running by and picking up signal info and reporting them to cops for anonymous stings.

@ q I solved all those problems with a tinfoil hat.

It’s off topic but I am too curious by what you mean when you say people on Next door are reporting that results in a sting?

@expatRFSO They can basically map out the wifi in an area and use the hardware information (SSID, MAC, radio, etc) to identify or target specific home addresses. All signals originate from somewhere right? So they use this info and create a pretense for a bogus sting or get some hackers to stakeout around a person and keep playing wifi wars. Yeah it’s happening for real. Same goes for cellphones, and you can thank Obama phones for that. Definitely don’t trust a government issued phone because it will come back to bite you hard. They hope people are desperate enough to… Read more »

I think the DOJ is overwhelmed. Years ago, I was posted on the ML website. I had a 243.4 wobbler that had been reduced 2nd 17b. I called them/faxed a copy of the 17b and removed. So, I think they have some work to do. Has anyone had a 17b which would/should put them as a tier 1, had your case been a misdemeanor? Thanks

@ Roland: CA DOJ has hired 60 new employees just to handle Tier Assignments. The Tiered Registry Bill was signed into law ages ago And they knew it was coming. So why is this taking them so long?? If you are 6 days late registering, you’ll get charged with FTR. Why did they get to be so late with everything and have no consequences??

I’m not a lawyer, but this message is for all of us registrants. There are a lot of third party so called good samaritans out here taking our pictures from the DoJ in California, FDLE in Florida and just doing their own posting and sharing them on various websites. You guys might want to take a look and ask them to take your pictures down. I have threatened to sue a lot of these people here in Florida. I sent them all messages through the web master at the bottom of the page where your face is posted. I have… Read more »

Homefacts.com has been doing it for well over 10 years, I don’t know of anyone who has successfully sued them and gotten their photos removed.

Technically an employer cannot use information outside an FCRA approved source. If they use information from homefacts, which I believe has a FCRA disclaimer, the company can be held liable.

I wonder how the public defender office is preparing for SB384 do they even know what’s coming their way July 1st
Are they gonna have to hire more staff to deal with this situation are they being properly trained by the state of California on how to handle petitions.
The DOJ says if your placed in the wrong tier contact the public defenders office every one should contact their local public defenders office and see what they have to say about SB384 their opinion and how they plan on fighting the DA in court is very important.

Good luck

My conviction was in 2004 for a straight misdemeanor CP possession. Meaning original charge, not a wobbler, not reduced from a felony. Dismissed under 1203.4 in 2009.

I registered with the city of Orange and did so telephonically last week. At that time was told that my tier “had yet to be determined”.

I think the following is important information: I just requested and received by email a copy of my DOJ tiered registration letter from the *Orange Police Department . As I mentioned before it does say that I’m in the Tear To Be Determined category at this point. HOWEVER…. the letter also states that pursuant to penal code section 290 (d)(5)(B) that the DOJ has to WITHIN TWENTY-FOUR (24) MONTHS to determine what my actual tear level is AFTER being placed in the TBD category. So my understanding of that is that they do not need to assign me a tier… Read more »

I’m trying to understand why you were put into the Tier of TBD? Was your misdemeanor 311.11a or some other code? You said you got the misdemeanor charge in 2004 and expunged in 2009.

Based on that info, and if your charge was 311.11a, you should have been assigned Tier 1. Cut and dry. Was this originally out of state? Or started as federal charge?

If you could provide more info, that would be really helpful as this obviously is a head scratcher. Thank you.

This excerpt is in SB 384:

(2) Any registrant whose information was not included on the public Internet Web site on January 1, 2022, and who is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public Internet Web site.

Is this saying that if you were NOT publicly listed on the website up to now, but your tier goes to TBD, that now you WILL be listed on the website while you are in TBD status?

Yes. It says you information might end up being public while you’re in TBD. Most people’s info will end up public to some extent. All Tier 3’s will be public except for certain circumstances (mostly to do if your victim was a family member and above a certain age). All Tier 2’s will be public in the same regard. And even a fair amount of Tier 1’s will be public if one of their offenses is 647.6. And if it holds true regarding DOJ seemingly ignoring 17b, then far more people will be public than previously thought.

Ugh — This just opens up a new category of problem with the tier implementation. If your offense has not publicly listed you up to now, and said offense is clearly defined as Tier 1 in SB 384 (and not one of the misdemeanor exceptions), yet the DOJ places you into TBD…that now opens you up to being publicly listed on the website until they place you in Tier 1 as they were supposed to do all along. Hopefully MichaelRS can respond to the details of his situation as this could potentially happen to him per above scenario. If DOJ… Read more »

Yeah, they don’t care about that. Nothing about the registry cares how it might impact the person and their families. It’s all “acceptable collateral damage”. It’s clear that none of this actually serves any public safety purpose, as no significant amount of RC’s have posed a danger while they were not listed, and an arbitrary political decision doesn’t suddenly change that.

Besides TBD. Many people will not have had their applications approved by 1-1-2022. I am not listed on the ML Website and since I can’t apply until the end of October this year Highly possible that It won’t be granted by end of the year. Then they put me on the ML site. I wonder if it is possible to get a Temporary Restraining Order against this? Since they delayed the application window for up to a year it seems like the mandatory placement of individuals on the Website should also be delayed to 2023. Oops sorry using logic. BTW… Read more »

17b is the California penal code that allows some people to have their felony charge reduced to a misdemeanor instead post completion of their sentence. It’s supposed to make the conversion for every purpose, but there’s some question as to whether or not the DOJ is ignoring this when it comes to placing people on the tiered registry.

I have confirmed that the City of Long Beach is now willing to provide registrants with their Tier Assignment Letters. The registration office is open on Tuesdays, Wednesdays and Thursdays from 6:15 a.m. to 3 p.m. The registration office would prefer registrants to call 562-570-5692 before showing up.

@Janice

Will they be putting the tier levels on the Megan’s Law website? I know we can’t look there, just wondering if others will see it there.

According to the most recent version of DOJ’s FAQ on the tiered registry (you can find that on this website), the tier levels will NOT be on the public listing.

LB is NOW willing after what sounds like Janice the Enforcer had to inform them of their obligation to do so. LB is a bully waiting until they are called on it from what I am seeing, but maybe it is just the marine layer that has clouded and fogged in their minds. Ridiculous…

288(a) convicted in 1996. Picked up my tiered registry letter today at my local Police Dept after contacting them early last week. Came back Tier 2.

@Hope – This is good news! Hope you are eligible to petition for removal later this year.

Pursuit
Sentenced for 288(c)1 in 2001.
Received 5 years probation. Filed for early termination of probation(1203.3), Reduction of felony to a misdemeanor(17B) and expungement (1203.4) at the same time. Was granted all 3 petitions in 2005. I received tier letter today and it says: Tier-to-be-Determined. Birthday rule tells me I can’t file a petition till January 2022. DOJ says I may have to wait 2 years.

@pursuit – Your situation is very interesting as I had the same charge and the same process of reduction and then dismissal/expungement. All was finalized between 2003 and 2005. You received a tier of TBD and I received one of level three. I don’t think the DOJ has a clue on what they’re doing.

@ Mr D I’ve been following this page since day one, and seen your post, which also got my attention because of our similar case, which is why I wanted to post my experience, which may be a sign of hope for us that Maybe DOJ recognized there mistake and need more time to correct there error. Keep your head up, I believe based on the law, we should be tier 1

Pursuit,
Thank you for this update and I hope you are shedding some new insight and yes there is hope!!!

I called the LAPD today to inquire about next month’s annual process. It will be telephonic on the same days they normally do walk-ins (Tue/Thu).

Was charged in 2003 with misdemeanor 311.11a, expunged in 2007 via 1203.4. Confirmed with officer today that I am in Tier 1 per letter, which he is mailing to me. So LAPD seems informed and ready now to provide this information.

SoCal Experience – Thank you for sharing your good news on this website! It’s good to know that LAPD was willing to provide you with your tier assignment on the phone.

Talked to my local law enforcement to whom I register, regarding my tier. Quite disheartening news, tier 3, for a 664/288(A) and 664/288.2(B). Sentence was 5 yrs probation, record clearance in 2014 It’s my understanding that the court can change that tier. Any recommendations/ideas?

My comment: that is indeed the correct assignment. PC 288(a) (felony – attempted or completed) is a Tier 2 offense. PC 288.2 (a wobbler) would be in Tier 1 as it would be a misdemeanor, or a felony not listed in PC 667.5 or a listed ineligible offense per Tier 2 IF it were not for the following disclaimer in Tier 1: “(B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).” And then the following item in paragraph (3): “(3) A tier three offender is subject to registration for life.… Read more »

I agree with you that the intent of the legislature, when they shoved through the final version of the tiered registry at zero-hour, was to keep as many people on the registry as possible, while giving the illusion that the new system was “relief.” I noted this when 288.2 PC was listed as tier 3, without any consideration for the fact that particular offense is a full wobbler. The final version bears that out. A misdemeanor 288.2 gets you tier 3. No debate, it is clear as crystal. That said, while the legislature clearly fully intended this to be the… Read more »

The Equal Protection argument must be made comparing ALL crimes and ALL criminals. NOT within the Tiers in PC 290, as that would be legitimizing the existence of the registry. That is a terrible approach. Sadly, it is too late for that.

That is patently false. One does not have to bring an equal protection argument against all laws and violators. Hofsheier demonstrated that. It is of no consequence that it “legitimizes” the registry. The registry exists, therefore it is. Within it, there can be unequal application of the law. Again, just because a legislative body passes a law (with the clear intent to apply it in the way that DOJ has), that it is legitimate. Again, Jessica’s law was passed overwhelmingly and declared unconstitutional. En Re Taylor overcame presence restrictions. These are just a few examples. Again, I’m not arguing with… Read more »

Thank you Janice, my husband just picked up the letter from Long Beach. Unfortunately it’s Tier 3, 261A3 that was dismissed and granted COR on 12/3, and now application for pardon is at the Governors office as of Jan 5.

Perhaps this tier was assigned without COR being considered?

@GN and Others – If granted a certificate of rehabilitation that does not terminate your requirement to register, the same certificate does not change your tier assignment. That is because tier assignments are based upon the offense for which you were convicted, the amount of time that has passed after you were released from custody and subsequent convictions (such as failure to register). Being granted a certificate of rehabilitation could help you if the DA objects to your petition and a judge has to decide whether or not to grant that petition.

@Janice – thank you for the answer – and greatly appreciate others feedback of experiences – I’m keeping my hopes up and will continue to donate, show up, stand up, speak up whenever I can!

Does failure to register reset your 10/20-year minimum or only remove the time you are incarcerated from the 10/20-year equation?

@Bay Area RSO, I believe adds a year (if registerable offense was a misdemeanor) or adds 3 years if a felony. One question might be before the difference, since it was a misdemeanor failure to register conviction before a felony FTR existed. What then? Ex post facto?

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