As of January 1, 2021 the California Tiered Registry Law became effective. In order to share information about the new law and help others with the petitions, please document your experiences with the process in the comments below.
Comments should pertain to actual experiences with the Tiered Registry only. In order to maximize the value to others, feel free to include as many details (city / county, conviction history, etc) as you feel comfortable.
All comments not directly relating to experiences with the de-registration process / new law can be added to one of the other articles about the Tiered Registry.
REMINDER: this section is for documenting ACTUAL EXPERIENCES with the Tiered Registry ONLY. All other comments should be made in the appropriate sections. Thank you for your cooperation. ***Moderator***
Please help me to understand: I thought the process of petitioning under 1203.4 is the process of re-opening the case and set aside your guilty plea or no contest plea and to set aside the conviction and dismiss the case. which means you are no longer guilty of that charge. Am i right?
2 charges 288c attempted only,
charges expunged and reduced, certificate of rehabilitation issued.
was expecting tier 1 or worst case tier 2.
was given tier 3!
devastated as i see were many others.
Did anyone get information in their letter pertaining to if the Tier level time has passed enough to petition in July or after? My letter says Tier 2 and I’m certain enough time has elapsed, but the letter isn’t clear on that point. Any suggestions on how we can prove that enough years have passed?
Jury Duty Calif,
I listened to the latest ACSOL recording and it was stated you cannot be on a jury as a sexoffender? I was convicted as a misdemeanor/indescent exposure and just completed jury duty in westminster ca. On the jury pre regestering form its says you cannot be a ca. jurer with a FELONY sex offense. Just to be clear…
To: Cancel culture,
I pray that you get Tier 2. I have been on this boo-boo since 1995 (288c). I am harassed and provoked by Lancaster / Palmdale Law Enforcement everyday. Prayer works for me… Along with a Bulldog Lawyer named “Janice” Grrrrr!
My experience here in Florida. Just heard back from the FDLE. They stated that if you were to move back to california right now , you would still have to register. Florida wants me to continue to register. California’s removal process is not automatic, wherefore if you live out of state in a place such as Florida, we maybe doomed because they want to see that you have been removed by the other state where you were convicted automatically. i live in Florida with a California conviction, with no way to petition for removal. California doesn’t have a way for me to request removal except applying for a Traditional pardon because i dont live there. Janice theres got to be away for a person convicted of A California offense who lives out of state to apply! Florida also stated that if you are removed from the California registry that they will compare your crimes to the Florida laws and if it matched their crimes, they will try and keep you on the registry.
I’ve been calling my registration station over and over again and nobody will answer. I even went there and it’s been closed because of COVID. I just don’t know what to do anymore to get my tier assignment letter.
@ Had It: My advice is contact ACSOL and perhaps a letter or phone call can be sent/made in order to get you an answer or some action. Good luck!
(LEOs gladly enforce these f****** registration laws against us to persecute us at every opportunity! So they don’t just get to disregard them when it’s inconvenient or disadvantageous for them!)
I would like to share with all of you, who are living with the 290. I’ve completed my annual this week in Oceanside California.
Side note: Oceanside PD are always very professional, and treat this as it is, an administrative act. They’re always respectful and courteous.
I received my tier notification letter on request. As I expected Tier 2.
After 30 years of Registration. I am so grateful for ACSOL efforts to bring the tier registration to California. Now we all have a chance for relief.
Let’s hope San Diego DA’s office treats this as it is, an administrative process, and release all of us from this punishment. Time will tell, and I am very hopeful this will be the DA’s course of action.
Can someone explain to me the rush to receive this tier assignment letter. From what I have read here, after chasing down this letter, everyone is in the tier they expected to be, or is in a TBD position. Do you need this letter to apply for removal? Do you need it to tell you how much longer they are going to fuck with your life?
I figure just go about your life as if the system never had changed.( which it basically hasn’t for majority of us.) They are going to drag their feet on removals anyway, and the Covid is making things even slower. Just causing yourself anxiety over something that will either happen or not.
Even money odds they change things within two yrs and half the people removed will be back on because of some stupid new bill introduced. Like that hasn’t happened at least 100 times over the past 20 yrs.
A friend of mine from my group therapy days just told me received his tier designation and it’s Tier 1. His original conviction was felony 311.11a (CP Possession). He did 5 months in county and was given 5 years of standard probation. After completion of everything, he filed for a 1203.4 and 17b and was granted both.
So it seems like my previous theory is currently holding true that it’s not DOJ ignoring 17b’s for the purposes of tire placement, but that they’re reading the tired law verbatim and are placing people according to whether or not the conviction code in the tiers was written specifically as Felony, Misdemeanor, or non-specific. So if your Tier 3 code is one of those where the law specifically says “felony” like my friends CP conviction, your 17b should result in your placement in Tier 1. But if it doesn’t specifically mention this and instead simply shows the penal code, then 17b doesn’t seem to have any relevance even if the original conviction was a misdemeanor.
So this isn’t so much the DOJ being dicks, but that the law was poorly written. I don’t know if trying to sue the DOJ directly will work as I can see the judge stating that they’re not doing anything wrong and are following the letter of the law (the same thing the courts told DOJ regarding early parole of Prop 54 that the verbatim langue of the prop wasn’t specific about RSO’s and thus didn’t allow their exclusion).
This will probably require having the law amended rather than going through courts (unless there’s something specific in the law about how misdemeanors should be handled irregardless of it involving sex offenses).
I live here in Florida , the DOJ has placed me in a TBD status For 243.4a sexual battery (felony) per the FDLE . Florida has us listed per Sorna law to register for 20 to 25 years after all sanctions, meaning, your time starts after parole or probation. It’s very confusing as they claim to still check with California for my status of relief. I received a letter from Janice stating that out of Staters are no longer in the California Jurisdiction for relief. Florida is using a double standard, they claim that per California you still have to register but if California was to release me then they will still try to make it hard here in Florida for removal. The state of Florida try’s to always pull the rug from under your feet every time that you reach the finish line. I will be able to petition the State of Florida -Go in front of a Judge to plead for removal because my 20 years from the day that I got off of parole July 16th 2001 in California. July 16th 2021 will be 20 years after all sanctions with no subsequent cases or any other cases. The state of Florida changed the finish date in the year of 2007 from 20 years to 25 years of registration. They always try to pull the rug out from under you. Very few have been relieved from the registry by applying for removal in 20 years hear in Florida
Just received my Tier 3 verbal notification. To anyone who is has lost hope, hang in there. I have been transient / homeless since 2009. I am a WARRIOR who Prays, Meditates and has a Rottweiler Attorney named JANICE. Donate and continue to share your experiences, you are helping, fret not!
Psalms 37: verses 1-2
1) Fret not thyself because of evildoers, neither be thou envious against the workers of iniquity.
2) For they shall soon be cut down like the grass, and wither as the green herb.
Went for my annual registration today, received my DOJ Tier letter, and saw I am assigned to Tier 3 – Lifetime, and my heart just dropped. It’s just the same as it’s been all along, today’s no different than it was yesterday…but it feels like a death sentence today, because I had been so hopeful I’d see a Tier 2 there; I was hoping against hope I’d soon be done with the registry after 20 years on it. 261.5, 288A(B)(2), 288(C)(1), 278, 288.2(A). Convicted in 2000, released from prison 2003. I am not the same man today I was then, mentally, emotionally, physically, or spiritually. But here I am. And so it continues…. Still, I celebrate with you all who are getting 1 and 2 assignments.
Local PD says I’m still in TBD status.
I could be anywhere from tier 1 to tier 3, so should be interesting. Reminds me of being in prison and expecting to get 85% time and ended up doing 50% time. I can’t apply for 2 years at the earliest anyway, so no rush, but I’ll find out eventually.
Just got my tier assignment letter today and found out that I am in tear to be determined , I’ve been on this registry for 25 years, now I got a wait two more years just to see what tier level I am ?that’s kind of unacceptable, but what can you do they got you by the balls
I am wondering if anyone in this exact situation has received a tier assignment yet? I was convicted in 1998 for one count in federal court of receiving/possession of an illegal image (the date of the actual incident was in 1995) Sentence was 11 months of which I did nine months with 3 years of probation. I was told that by the federal defender at the time that if I had been tried in state court I would have been charged with a misdemeanor and probably have received probation only. I have no idea how DOJ is going to iron this all out..does.anyone know?
John in continuing or convo. I had 3 charges 288 (a) attempted 288 (a) and 647 no previous and nothing else in the 23 years of registration.
To all with Tier “TBD”, please read this recent ACSOL post:
https://all4consolaws.org/2021/02/ca-doj-reverses-position-on-important-tiered-registry-issue/
I woke up really early and went down to register this morning in Sacramento. The place was practically deserted outside where we usually have to wait. Unlike previous times there was no inside waiting area but fortunately it wasn’t raining today. Within a few minutes a female officer came out and grabbed my already printed out information and asked if there were any changes from last year. I wasn’t quite ready for that question and I said, “I think so.” Her immediate reply was, “Well, is it the same or not?” I said, “It’s mostly the same.” I guess that wasn’t the answer she was hoping for as it would require a bit of updating on her part as she went back in to put it into my file. I could tell right then that the usually friendly officer who registered me for several years was either retired or just not there today so I would have someone who did not appear to either like me or the job she was doing (namely Deputy K. T.). Deputy T. came out a few minutes later and led me back in to shoot my photo and then directed me over to a desk with a plexiglass divider where I put my thumbprints, initials and signature on an ever increasingly expanding set of forms. I asked about my destination letter and she curtly told me I would get that today and when she did give it to me, immediately told me I was all finished and sent me back outside. My designation letter indicated I am assigned to Adult Tier 2 for my PC 288 (a) registrable offense and would be eligible to petition for removal from registration only after my birthday following a full twenty years since my sentencing (I was granted probation). By my calculations, since my birthday is in late February and my conviction was in early April, 2008 I will have spent twenty years plus an additional forty-five weeks and four days of registration before I can even petition for release. After that, who knows how long that process will take, and I’m still not convinced they might come up with an excuse to deny my petition, causing further delay. Well, I got to the car and realized the whole thing took so little time compared to previous encounters that I didn’t get a copy of all the forms. So I went back and waited outside with, by now, several other people and several minutes later when the Deputy T. opened the door I said I forgot to get a copy of my forms. Her response, “You don’t need those unless you’re on provisional parole.” I told her I was on probation (51 days left and counting) and that I never leave without copies of documents that have my signature and initials. She was obviously miffed at having to do her job, turned around without offering help to anyone else out there and a couple minutes later returned to unceremoniously hand me a copy of my registration. I am not certain but I think my, “Have a great day,” wishes to the officer probably fell on deaf ears. Throughout my registration process with Deputy T. I had the feeling I was a piece of… well, garbage or some kind of monster to her–and it wasn’t due to the Covid-19 Pandemic. I sure hope she’s not the one to register me next year…
I had my annual registration last week. Went smoothly. Conviction is 288(a) in 1997. Registered in Concord CA. Main lobby was closed but after hours lobby was open. I used Courtesy phone and let them know I was there to register and gave my name and birthdate. Detective came down 30 minutes later took my picture in the main lobby and gave me my designation letter and registration paperwork already filled out and initialed already. I did not fill out, sign or thumbprint anything.
My designation letter assigned me a (Tier 2 Adult)
When trying to register for annual, had to use outdoor phone–spoke to a detective who took down driver license info–etc. Then he said registration is complete. No fingerprints. Just the outdoor PD phone. Too nervous to inquire on tier for now. In santa clara.
I’m going to fall into the tier 1 but I think this law is a joke. For one I think we shouldn’t have to wait 10 or 20 years to apply to get off the registry list it should be looked at on a year to year bases or have 4 tiers with tier 1 being the minimum of 3 or 5 years. Or If you’re on probation your registry should be the same length because then you’re able to get your record expunged by then and if you meet the requirements and haven’t gotten in any trouble you should be fine. Also I don’t believe ones who gotten in trouble over a social media app such as snapchat or Instagram the app should be to blame because people can lie about their age messages can be sent to the wrong person and etc. This is just my suggestion I know it probably not going anywhere just wanted to get this off my chest.
Just finished registration a few moments ago over the phone at the Hollenbeck police station. 2 minute registration and they could not tell me what tier I fall in. They said maybe May or June when they will be ready to provide tier registration and they will be calling us back around that time to come in and sign our paper work. That’s all I have folks. I’ll fall in tier 1 and eligible to petition off next year as my birthday falls in March, bummer.
I moved to Tijuana and have not had to register in two years. I have a question about car, phone, and email adress? They want all of this now? Why, it is not to communicate with you like they say, thats bullshit.
Paragraph (b) of § 72.6 requires a sex offender to provide all remote communication identifiers that he uses in internet or telephonic communications or postings, including email addresses and telephone numbers. A provision of the Keeping the internet Devoid of Sexual Predators Act of 2008 (KIDS Act), Public Law 110-400, directed the Attorney General to use the authority under paragraph (7) of 34 U.S.C. 20914(a) [now designated paragraph (8)] to require sex offenders to provide internet identifiers. The Attorney General has previously exercised that authority to require the specified information in the SORNA Guidelines. See 34 U.S.C. 20916(a); 73 FR at 38055; 76 FR at 1637. The Attorney General has exercised the same authority to require telephone numbers—a requirement also already appearing in the SORNA Guidelines—for a number of reasons, including facilitating communication between registration personnel and sex offenders, and addressing the potential use of telephonic communication by sex offenders in efforts to contact or lure potential victims. See 73 FR at 38055.
Also, I am trying to find the paragraph that has this in it…T
he Sex Offender Registration and Notification Act (“SORNA” or “the Act”), which is … new comprehensive set of minimum standards for sex offender registration … choose how the 30-day requirement is satisfied, they can say 30 days of overnight stays at a girlfriends house would justify registering at that address?