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***
PC 288(a)(b)1 – Convicted of felony (2008); county jail, 3 yrs formal probation. Later reduced to misdemeanor (2010).
Tier assignment – Tier 1 – Adult
Went today to the Fresno County Sheriff’s registration center (the center is closed, but they do annual registrations in the parking lot in front of the building).
Requested a copy of my tier designation letter. Took about 10 minutes, but they handed me a copy of the letter.
288(a) = Tier 2 Adult
Plead No Contest to 288a in 1986 just got my tier 2 letter, hopefully one more year!
My Tier experience: I contacted my local registration place, which is County Sheriff after January 2021. They informed me that I was placed on “to be determined” and to call back later, which I did. At the end of February, I called back to see if my Tier was updated or not. The employee at the Sheriff’s office was extremely rude and obnoxious and said, well you’re just going to have to wait until after your birthday, which is in July, to find out and that she would not check anyway. In addition, my charge was 664/288a(b)2. I hope someday “they”, (i am not sure if it would be the courts or legislation) will add this charge to the “wabbler” section. I see, in my opinion only, much worse charges that are listed on the “wabbler” section eligible to be reduce but not mind. Anyway, back on my experience, I have contacted a very excellent Lawyer to begin the process on an expungement and eventually petition for removal of PC290 if I am placed on Tier 1 which I am hoping. More later when I find out. Good Luck to all. I still have not received any letter that would indicate what tier I would be placed as some sites as indicated would happen
What Tier would a Felony PC314 be? I a guessing still Tier 1?
Just got off the phone to set up an appointment for may annual. Looks like our area is still doing it remotely (Sonoma County). I have a phone appointment for next week to do that. The person also said that they’re having the registering officer read off all the usual requirements that we’d initial, so she asked me if they could short cut this by emailing me all the standard paperwork to read through instead ahead of the appointment.
I was also told I’m currently Tier 3, which was no surprise. I currently have a 311.4(a) felony that is reducible via 17b, which should drop me down to Tier 1. I’m going to try and file for this myself later this year.
Man, I really hope this remote things sticks. Seems like there’s no reason why they can’t do this all the time. And if they need to update our pictures, I’m pretty sure just about everyone has a phone these days to take one and send through whatever email they’re sending me emails.
Received my DOJ letter today. I’m officially “T-B-D”. The statute I was convicted of violating is ridiculously clear & easy to determine.
Why is it so complicated for CA DOJ? 🤷🏻♂️ And what the Hell are all those extra people hired by the CA DOJ to work on this (66, I believe) doing?? 😡
I was a tier 2 before and now they placed me tier 3. I was arrested in Dec 10, 1992 took a plea deal for 6 year sentence on 3 felony counts of lewd acts with a minor on Febuary 6, 1993 and was released on parole Feb 8th, 1996. Did four years of parole and discharged Feb 8th of 2000, I have been clean and been good and now they decide to u the game and I am tired of the hypocrisy, so it’s time to fight and fight hard. Oh yeah found out all this info out a week ago.
Has anyone received a Tier Level that was wrong? If so, where you able to get it corrected? Was anyone’s tier determined on a risk score?
Has anyone received a “TBD” letter that was subsequently updated to a an actual tier assignment?
I’m TBD but don’t want to keep asking for a new letter if they are just playing out the clock. Waste of my time.
I was convicted in 9/2013 of felony possession 311.11a, but it was a wobbler case. I just received my Tier 3 designation today when I had my annual registration appointment. This is particularly bad timing and bad news because I have been working towards going to law school, and hoping to have my felony reduced to a misdemeanor, hopefully expunged, and I had assumed that I would be in Tier 1 and wouldn’t have to register… but now I don’t know if I will even be eligible to join the State Bar of California… so why would I go to law school?
Doesn’t this state believe in rehabilitation? I am so saddened by this news. I forwarded a copy of the designation to my attorney, and won’t call the numbers to find out any more because I don’t want to get upset on the phone. I have totally turned my life around, been clean & sober 7 years, and want to do good in the world, but this “Permanent” designation is really bumming me out. My final LSAT test is in 2 days and I want to attend UCLA Law, but will it be worth the time, money, effort if there’s a big NO at the end of the road?
Thanks,
I don’t live in the USA but I’ve just seen what it say on PC 290. For people who are convicted because of 288.2 as a misdemeanor, it’s not a registrable offense. It say exactly this;
290(c)(1)… subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2
It clearly states that any felony violation for 288.2 is registrable. under tier III clause, it doesn’t specify if it should be felony or not, but only felony 288.2 is mentioned as a registrable offense. If you are mistakenly placed on a higher tier, please do seek help. You don’t deserve this. If it was up to me I would abolish the registry all together.
For PC 288.2, only a felony conviction is registrable. Also you can get yourself removed from website if you are eligable under 290.46(d)(1), you just need to be assessed below average risk or so. https://www.wksexcrimes.com/ca-sb384/ ”
Providing “harmful material” to a minor or person believed to be a minor [wobbler’ only felony is registerable]” If you are wrongly placed on tier 3 because of pc 288.2 misdemeanor, please seek help. You don’t deserve it.
Has anyone had any luck in going from Tier 2 to Tier 1? I have a 664/288(a) and have a Cert of Rehab and was sentences in 2001 for 22 months and have been out since 2003. I have written to the CA SO Board without any results. I have been in contact with LA County Public Defender Office for 2023 but would like to get out now to be able to travel outside the USA
📨📨📨 Like many others (especially those with out-of-state convictions), my experience with California’s Tiered Registry Law is simple and limited: I remain a “TBD” – tier level designation to be determined – because California Department of Justice is dragging its feet in providing individuals like myself with our appropriate Tier designation. 😡
In an effort to spur the CADOJ into faster action, I have now contacted both my California Assembly Member and my California Senator requesting “constituent assistance” in getting the CA DOJ to do its job and provide me with my Tier designation.
Maybe the sting of their cattle prod will get some results! 👍🏻
⭐ My “non-experience” experience: Because my conviction was out-of-state, I remain a “TBD”. I contacted my CA Assemblyman for assistance in getting an actual Tier Designation letter from CA DOJ, CDCR, whoever…. Nope, no luck. The DOJ sent back a cookie-cutter, non-answer reply that entirely failed to address the Registry, Tier Level Designations, everything.
So, here I am, frustrated & still trying to decide what steps to take next. 🤷🏻♂️
A family member of mine has recently taken a plea deal for a 311.11 c. How I understand it it is a mandatory lifetime registration and even if it gets reduced in 2-3 years to a misdemeanor from a 17b it won’t change his registration status. I have read so much in this discussion people have stated being able to fight it before July 2022 or there is basically no hope of being moved tiers. So does that mean there is no chance my family member can move tiers? I know the 290.64 allows 311.11 charges and other related charges to it including felony ones to not be on ML but it depends on if they were under 16 or over 16. All 311.11, .4 , .12 etc are excluded from Megan’s law if victim was over 16. Hope that helps some of you. Don’t help in this case though. My hope is laws will change and be more clear in ten years when he will actually be able to try and be excluded from the registration or ML. Being in ML is going to be difficult.
I had an interesting experience when I went to the El Dorado County, South Lake Tahoe Branch to file my petition. I handed the clerk my petition and asked to file it, she took my original and 3 copies and told me they would “call me once the judge signed off on it”. I told her that I needed it filed and my copies returned so that I may serve the DA and Registering agency. She reiterated that they would call me once the judge signed off on it and it was ready”. I politely explained that there was nothing for the Judge to “sign off on” until I served the DA and Registering agency and they had an opportunity to respond. She looked completely confused. I asked her respectfully for my un-filed copies back and reiterated my desire to have my original petition filed with the court.
In the past when I have filed documents with the court, the clerk stamped the documents filed and gave me back my file-stamped copies to be served on the other parties. Today, she gave me blank copies and took my original back to her desk while reiterating that they would “call me once the judge signed off on it and it was ready.”
I took my blank copy immediately to the DA’s office and told the person in the office I had a petition to serve on her office. She initially told me that she didn’t think she was “not allowed” to take the documents, so I asked her to check with someone. She came back and told me, at the top of her voice, that she would “Accept service of my Petition to Terminate Sex Offender Registration” I think this was an attempt to embarrass me in front of whomever was milling about. As if 16 years on the registry for a misdemeanor 311.1 when I was 18 hadn’t thickened my skin a bit. After she took service of the documents there was a bit more back and forth as she tried to convince me she didn’t need to provide her name, even though I showed her the line on the proof of service form that specifically required it.I plan on serving the very sweet Sheriff’s tech who usually processes my annual update tomorrow morning and don’t expect any shenanigans on her part.
All and all, I was in and out of the Clerk and DA’s office in a matter of 30 minutes. If I had been a little more thin-skinned I may have been a little embarrassed and if I hadn’t had a decade and a half experience dealing with the court system I may have been frustrated.
I am definitely interested to see what this call from the Clerk’s office telling me that the petition has been “signed off on by a Judge” is all about as a Judge shouldn’t really even be involved until the DA and Registering Agency has had their opportunity to respond, but maybe in High Country thy have their own rules?
The moral of my story is: know the process and know yourself. Be confident and respectful. Don’t argue or berate. I think the Clerk gave me inaccurate information, so I served the appropriate parties what I had. I will continue to check in with the Clerk’s office to ensure the petition gets filed. When the petition is filed, I will re-serve the appropriate parties. Don’t let anyone in this process have the gratification of embarrassing or sabotaging you.
I will provide updates as available.
I was charged back in 1983 with 207 & 220…. I was 18 years old & never been in trouble before that or after that, either.. I discharged parole with out any violations.. and I have never been in trouble since then. I’m in my 60’s now- AND STILL HAVE TO GO REGISTER EVERY SINGLE YEAR (which I always do ON TIME)…. so, I Thought I’d FOR SURE get tier 1 assigned. I have been relentlessly calling the police department for my assigned tier, and asking for countless letters. However, it kept continuously coming back as ‘TBD’ …. Until today when she FINALLY told me I’ve been assigned.. and now I feel completely shocked and absolutely disgusted, because they assigned me to ‘TIER 3‘..!!!! She said I would have to register for the rest of my life!!?? I seriously feel sick to my stomach about this. Now I am back to ground zero and feel completely hopeless. I’m not sure where to go from here now….
I don’t know how the system can get all of this SOOO wrong, and for SO long!!!!
Is there Anything that I can do now?? Or am I just stuck in this nightmare for life..!!?? PLEASE, Somebody…. Tell me there is still some hope to get out of this nightmare…??!!
**Edit :
Forgot to say that this is from Orange County….
My last registration was done end of 2021 and was placed in the TBD tier group. PD very helpful and told me to call back every 30 days for update. 2 months later still in TBD but told has been taking 4 months. After 4 months I called and the lady told me tier 1…I had plead no contest to 647.6 a misdemeanor over 30 years ago. Went immediately to PD….picked up paper work and went to county court and they had packets for CR-415 filings put together. Simple to fill out…recorded forms then served copies to PD and DA and went back and recorded proof of service. PD responded in 35 days then the DA did and was assigned court date. No objection by the DA and judge granted petition. Everyone I had contact with in my County in Central California was VERY helpful and filings are free. Entire process after receiving my tier took 79 days and I’m done…thank God. I wish all of you the best of luck. I’m old now so won’t help as far as finding jobs as that was taken away from me but didn’t want to leave this world one day still being on that registry.
I wanted to leave a comment here. I signed up today. After many years, Chance Oberstein obtained a court order for removal from the California registry. I am so grateful.
My experience with the new law was swift. Tier 1, Chance filed in May, and today it was granted. Issues like this are best left to an attorney, at least in my experience.
I will pray for everyone on here and donate from time to time. This registry is unlawful and should be repealed. Everyone keep the hope up and keep fighting until everyone is off this registry. One day, it will happen, with people like janice and chance fighting, i have no doubt.
godspeed everyone
I got my tier two letter March 19 2021 and I posted “Hopefully one more year”. Welp I just got off the registry on Sept. 15, 2022 after starting the petition process on my birthday of March 14. Usually it takes 4 months but in my case the DA decided to drag their feet so had to do some extra paper work to get it done. Thanks to Janice and her team that made this all possible! Looking forward to birthdays once again after 33 years.
I HAVE A QUESTION and hopefully someone can help with an answer. As I posted back in August my petition to terminate was GRANTED by the court . They gave me the recorded court order after the hearing. I took it to the PD as they asked me to because they said it takes the DOJ a long to notify them and to take the information off the web site. Says on the DOJ web site about 30-90 day AFTER they receive the court order from the court. It has now been 120 days and still on the web site and no letter from the DOJ. However it does say in everything I read you no longer have to register as soon as you have the court order. My Birthday is coming up? Question: Can ANYONE tell me how long it took the DOJ to notify them and get their info off the site?????? I know it took over 4 months to get my tier letter. Answer if you can…thank you!
NEW UPDATE: I called the DOJ at 916-210-3113 regarding no termination of anything yet after petition granted back in July 29. NOT the friendliest person I ever talked to. Told her when my petition was granted and still on public web sites and no letter from DOJ. She said “How do you know you are on public web sites?” I told her I had my wife check. She then asked if I had sent them my court order and I told her it was my understanding from reading on the bottom of the court order the court was to notify them if granted or denied. She said “Well! They don’t!” I asked if I could e-mail and she said yes and gave me the SB384@doj.ca.gov address. I sent it and about 9 minutes late got a reply…”We’ll process the paper work”. Interesting the reply went to my spam and had a big yellow banner on it that read…”This e-mail was sent from outside the DOJ”! Maybe these people are still working from home??? I was surprised she didn’t even check to see if they had my order. Now I wait AGAIN!
UPDATE: I want to thank those of you that gave me the advice of contacting the DOJ and sending my Court order granting my petition to terminate directly to the DOJ! I did this last Monday 12/5/2022 and went Tuesday to talk with the lady at the PD that does the registrations. She told me she was just about to call the DOJ because they are NOT receiving anything from them either….she pulled me up and said…”Now you have a red banner across you profile saying “Processing termination” which is about 90% more than anyone else. However she did confirm the law says the court is supposed to send the info and she’s have people bring in their court order so they don’t have to register after they receive it. Actually told me she had one guy come in…went through the entire process up his annual update and at the end notices in her notes he had brought in his letter and told him…”You don’t need to do this anymore”! She asked for the E-mail address as to where I sent my info and said she is going to give it to everyone who brings in their court order and have them send their own stuff in like you all advised me….she admitted she had no clue why the DOJ is taking so long.
I checked yesterday and I have been removed from the web sites both California and Federal. I’m also lucky to have our law enforcement registering agency willing to help people with this process. The DA’s office was also helpful by the way.
Good luck to everyone and thanks again!