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California

California Tiered Registry Law Now Effective [UPDATED 1/5/21]

[ACSOL]

The Tiered Registry Law (formerly Senate Bill 384), passed by the California state legislature four years ago,  is now effective.  Some of its provisions, however, will not begin until July 1, 2021.  The most important of those provisions is the petitioning process for removal from the registry.

“The first step to take in the petitioning process is to go to the law enforcement office where you register and ask for your Tier Assignment letter,” stated ACSOL Executive Director Janice Bellucci.  “According to the CA Department of Justice, tier assignment letters will not be sent to registrants, however, they will be available to law enforcement only on a government database.”

Because eligibility for the petitioning process is based upon the tier to which an individual is assigned, an individual’s Tier Assignment letter is critical.  Each letter should state whether an individual convicted as an adult has been assigned to Tier 1, which requires a minimum of 10 years of registration, Tier 2, which requires a minimum of 20 years or registration or Tier 3, which requires lifetime registration.  Tier assignments can be challenged.

“If a registrant requests a Tier Assignment letter and that request is denied, the registrant can and should contact ACSOL for assistance,” stated Bellucci.  “Assistance will be available by phone at (818) 305-5984 or by email at service@all4consolaws.org (***updated e-mail address – Jan 13***).”

Below this article are links to documents that answer basic questions regarding the Tiered Registry Law, in general, and the petitioning process, in particular.  Please note that individuals must wait until the month of their birthday after July 1, 2021, to petition for removal from the registry.  As a result, individuals whose birthdays are in January, February, March, April, May and June cannot submit a petition until the month of their birthday in 2022.  If they do so, their petitions will be rejected.

“Most registrants will be able to complete their own petition forms,” stated ACSOL President Chance Oberstein.  “Soon after the final government petition forms are available, ACSOL will conduct training regarding how to complete a petition form.  Individuals who have suffered one or more convictions in addition to a conviction for a sex offense may require legal assistance.”

In a newly issued document, the California Department of Justice (CA DOJ) has announced several clarifications regarding the Tiered Registry Law: (1) tier assignments will not be posted on the Megan’s Law website, (2) a risk score such as a STATIC-99R score is not necessary in order to petition for removal from the registry and (3) individuals may petition for removal even if they do not yet have a tier assignment letter.  In addition, the CA DOJ has divided Tier 3 into two subcategories.  Individuals assigned to one of the subcategories, based upon risk score only, may petition for removal after a minimum of 20 years while individuals assigned to the other subcategory are required to continue lifetime registration.  Below is a link to the newly issued document.  Additional documents, including the final form required to petition for removal from the registry, will be linked to this article in the future.

Fact Sheet – July 2020

CA DOJ – FAQs – Jan. 2021 [UPDATED 1/5/21]

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Hi Janice,
You stated a few years ago that ACSOL would lobby for some changes to the Tiered Registry including lobbying against the loss of ML exclusion for 646.7a. Is that still being planned in addition to the other lobbying efforts?
Thank you sincerely,
JC

Janice my tier 1 conviction was in san Diego 2008 i now live in Santa Barbara can i petition the court here or do i have to petition the court in san diego

What if i stayed in california for 5 years and then decided to move to Colorado and 5 years have passed and I’m on tier 1. Can I come back and petition to be removed from the registry?

The Tiered Registry Law will only help registrants who currently live in California. It will not help registrants convicted in California, but who have moved out of state. The reason is that California removes registrants from its registry when they leave the state. This is different than some states, such as Florida and New York, that keep people on their registry for life.

Called long beach police department Tuesday and asked for my tier assignment letter and was told by the 290 registration offers
Because of covid-19 things are gonna take longer check back in after February …

2021 the califorina tier registry is Finley here shiit took long enough. In 5 months will see what the District Attorney and the court judges are gonna do hopefully people who qualify will go free and hopefully people who have been moved to tier3 find a way off the registry in time
Im remember back when I was 18 sitting in my room thinking Daam i can’t believe i have to deal with this for the rest of my life i never thought id make it this far honestly…

Good luck

Me too @ Aero1. O didn’t commit suicide and We Survived! Fruition.

Having 290 gestapo officers making the choice of what is tier one verses tier three is like having Joseph Mangala chose to whom he wanted to with.

Curious. I plead to a PC 243.4a in 1996. Reduced to a misdemeanor pursuant to 17B misdemeanor and later expunged! Summary Ptobation. What (I believe I know) tier would I be? I have a COR court date in LA late February. Would you recommend getting a letter from the department where I register? I’m just trying to cover everything. Let me know your thoughts. No arrests prior/after.

At least you’ve got a date, I’ve been waiting over 7 months for a court date and still no end in sight.

@USA Did you go through the public defender’s office to get your hearing date? I just got off the phone with them and was told they’re not able to get anyone hearing dates yet. It’s got me wondering if they’re just giving me the run around since you said you have a date for next month.

I also lived in California and then moved out to Nevada for work. Here I am actually treated worse than in California, even though the age of consent is 16 not 18, and therefore what I did in California would not even be chargeable here in Nevada. Even though I can’t petition for anything until December anyway, it would stand to reason that I should go back to the jurisdiction where I was charged and convicted?

@Fed up: or if you can, make your way up to Oregon like I did, at least while changes in the laws in CA (and NV, for that matter) are hashed out. I hate the weather up here, but at least the registry is reasonable; levels 1 and 2 aren’t publicized, they don’t ask for online identifiers, and your DL is good for 8 years like anyone else’s license.

I’m in Nevada for work.

Got to get a new license EVERY year.

Register twice a year.

It was more lenient in California, which is baffling

I’m in Oregon also, convicted in California, placed at low risk. My crime is classed for removal after 10 years in Oregon. First time I registered here they said if California requires me to register, I have to register here. If California removes people from Registry when they move out of state, does that mean I just petition Oregon at my 10 year mark? Wondering how that will work?

Don’t confuse “removed from registry” with “removed from obligation to register.” If it worked like you’re thinking, you could just “launder” yourself through a state with better RC laws and then move back to CA. CA *does* require you to register; it just mandate you keep current nor does it keep your info posted.

My personal take on this “greater of the two” rule regarding duration of registration is that it’s unconstitutional. The recent IN case from the 7th CCoA Opinion points that direction, IMHO.

Extremely happy for everyone who can finally petition off this list!

I’m on tier 3, but all this changed in 10 years. Who knows what will come in the next ten? People with 1203.4 off the list? Limited to probation/parole? Gone completely? I look forward to it!

So if we’re not listed anymore on the public website or not showing an address our tier has changed to 1 or 2. If we’re showing every thing we’re tier 3. How soon can we expect to see a change? Dumb question, I know.

@Wonderlin…Its NOT dumb, ACSOL will work on it and efforts to change legislation with just that Tier 3 maybe cp will be 3 and 3 will go to 4 and 5 will be created for SVP’s and child murderers with sexual intent. Garrido 6. Etc. Not all on 3 levels with everything else.on Tier 3.
Will take time, but time and hard work will tell.

I envision the goal posts being moved back every time you need something. Guaranteed!!!! Come back in February…No not yet. Next month. Oh sorry things are still moving slow. Should be in by May…. okay hurdle crossed, then the next hurdle is delay after delay after delay and on and on.

I’ll keep a strong and positive head and voice that no matter what stands in our way, we find a way to pull through and fight this. Tiered reg is not perfect but it’s IS a positive thing. Not for everybody YET but eventually it will be. Everyone who can, please Try to get removed. Look for and Ask for help.

It is positive in some ways. The less people who are listed on the Hit Lists, the safer all of America will be. It will also waste less resources, improve society overall, and make better citizens.

But what it will also do is doom the 20% or 40% or whatever # of people that all of us good people decide are the “worst of the worst”. They’ll be on the Hit Lists for decades at least and all of us good people will say, “good, they deserve it”. We’ll be able to ignore the Hit List issue completely, just like most people living in America do, and forget about all of it. I guarantee you that is what most People Forced to Register will do once they are no longer impacted. If the issue does not affect millions of people, few will care.

@Will Allen,

Then why am I considering suing the DOJ leech sites if my petition is approved?

@Ditto (https://all4consolaws.org/2021/01/california-tiered-registry-law-now-effective/comment-page-1/#comment-263393):

I must not have been clear with what I said because I’m not sure *exactly* how your comment is relative to what I meant. I think you are addressing the part where I said that most PFRs will just forget about the Hit Lists if they are removed from them. I didn’t mean that most PFRs that become former PFRs won’t retaliate. I meant that nearly all former PFRs will do nothing to fight against the future existence of the Hit Lists and the criminal regimes. Heck, most PFRs don’t fight now. I can’t imagine they’ll fight after it stops affecting them.

Funny how LE rushes to arrest or “sting” people. But when it’s your turn, it’s all “need more time”…. “unexpected delays”….. “check back next month”.🙄

this is what I saw/see on the fact sheet (download link) **petition denied after hearing, court to set date between 1 and 5 years in the future after which new petition may be filed** so if a individual is denied, he/she will still need to wait for a new court date if denied?? so the individual would still need to continue to register?? even though the individual received a tier 1 or 2 with no pending anything. and by *mistake* ((hypothetical now)) and was denied,,, the courts/the system is not all that great

The denial and extension of the registry term is very peculiar because you’re revisiting the same case to increase the penalty (registration penalty). How is that not akin to double jeopardy?

Not gonna lie, I’m pretty frightened by this new and “improved” sex offender registry.

@ Steven and others – It is reasonable to be frightened by the Tiered Registry Law that took effect just yesterday. After all, the law represents change and change can be frightening. However, change can also bring positive results. I expect that many people will successfully petition for removal from the registry this year. And yes, there will be others who are not successful. That’s where lawyers can help….lawyers who are familiar with the Tiered Registry Law and working with registrants.

@janice can you explain what “community area” means for tier 2. The address being omitted seems good but what does this part of community area mean? Thank you. And hopefully these changes help others. Bless you.

@Denise – Our understanding of the term “community area” is the city or county in which the individual resides.

Janice:
It sounds as if things are starting to get hopeful in California. I am personally opposed to these various registration schemes but if they are now starting mechanisms for removal, I am all for it. According to FAC, Florida has a removal process and some are actually being removed. As you know, thanks to the Does litigation in Michigan, thousands will be removed from Michigan’s registry after Does II becomes final.
I am sure our forefathers are rolling in their graves over this assault on personal liberties. People have forgotten about the fight to gain these liberties and we are allowing our government to legislate them away.

@Janice – My husband is a registrant for attempted 288(a) and 288.2(b). He has had his record “expunged ” I just went on the Megan’s law website and noticed some only have City and State listed but all of his information is listed and the second charge which has been fully expunged is now posted although it was removed previously. I was under the impression his charges fell under tier 2 – city and zip posted only – am I wrong? If not, how can we get this fixed?

The actual changes to the public site from the new Tiered Registry are not supposed to go into effect until Jan 1, 2022. So whatever you’re seeing now about your husband was already there pre-Tiered Registry and has not been changed.
So next year his information should be changed to reflect his Tier.

Thank you for the info. I did notice other people listed without an address which has never been the case before as well as my husband’s second charge which did not warrant registration and had previously been removed showing up again so I thought updates had been made. Out best bet may be to contact the attorney General.

Guys we are all looking for change. One has to look at this teir level in a different light. It is man made and they are the one’s that decide the teir levels. Best thing to do is wait or go listen to Grand Funk Inside looking outside.

I’ve got a letter from the Governor that I received that ask for a pardon if not for myself for others. Some of you all are drowning yourself out. Sounds like someone doesn’t want to “stand up” and is suffocating or are we all just worried and troubled which is not productive. You guys are even bringing others down in many ways that are involved in all this.

Martin Luther even said change is gonna come so who are you letting who down or who is taking one down in this way. So don’t we all have to have something to believe in. Only you can make a difference.

Out of curiosity has anyone had any success in federal court getting rid of their requirement to register under federal law? Federally I am required to register for a minimum of fifteen years and having been registering for seven so far. The way it is written in the federal statue is to register for a minimum of fifteen years unless reduced for a clean record. I am wondering if someone has gone to court and was able to reduce their minimum registration requirements federally. Since I had a federal case I know the only way I could possibly stop having to register in California is by getting a federal court to state my registration requirement has ended then taking that to state court to probably start challenging my California tier assignment first and finally the state requirement to register.

Hi, I am also curious about this question, if you get an answer please post it!

First, thier take on it is that SORNA is a floor not a ceiling; thus, CA could make you a lifetime registrants and the feds could care less.

So your fight would be with CA. Remember the state and fed requirements are independent of each other.

@ab, mine is Federal also. Sure makes things harder to understand. Your always having to ask how it applied to you because your living two sets of rules and the rules from the Federal P.O. and the local P.D. always seem to differ. How anyone keeps from getting in trouble is beyond me. I have lifetime supervision (federal). I live in Orange County, CA. Last year I tried to get the lifetime dropped. I had a new P.O. and he wasn’t happy I didn’t “talk to him first” before getting an attorney and filing. They made a big deal out of a tablet in my closet that wasn’t monitored. It was a gift (that I clearly wasn’t using) but nonetheless…. So, the judge said no and I have to be “clean” for a total of 5 years. I have no other infractions and have been out for ten years. I go to all of my “therapy” and do everything I’m told. But, now the P.O. wants me to do a “history” polygraph so he can reduce his monthly visits to quarterly. I did one last year but it had an inconclusive on a stupid question that went back to when I was 18 (I couldn’t even remember that far back). So, now I have to take another test the end of this month. The P.O. told me not to even try getting off lifetime again unless this poly came back “clean” or they would use the last poly against me. I’m all over the board on this one as I’m thinking if I have another test come back inconclusive I can forget a judge letting me off of lifetime. I’m hoping to pass this time and I’ll go back and try again. Or I’ll be stuck in this merry-go-round forever!

So…. whats your po’s name. And I havent ever her of the actual poly being used against people. Most its the admissions that come with it that sink people. Just stay chill, and keep you story straight. Its not a lie dector as much as it is a tell on yourswlf motivator.

You should understand that everything you do or say to these therapists or probation officers is just fodder to be used against you at some point later. Do you trust cops? Well these people are just further extensions of the same concept, the grunts of the persecutors. It doesn’t matter how “normal” your childhood or young adult life was or how well you’ve “progressed” while on probation, they are out to criminalize whatever details they find about you. Including something so stupid as finding a family member’s insulin needle and claiming you’re a drug addict.

Successful completion of probation or rehab isn’t worthwhile compared to the publicity of getting you again on some more bogus charges during a sting which just so happens to be when they need to get reelected. They don’t really want rehabbed RSOs, it defeats the image they need people to believe in order to sell this scam. Rehab, 17b, 1203.4, blah blah blah. That’s the “quiet” way out, which they benefit from since it means keeping a lid on things. But they’ll turn right around and screw so-called “rehabilitated offenders” by omitting or downplaying their significance and going right back to the fear pandemic. It’s a rigged system, designed to keep the crooks in office long enough to pay off their cars and mortgages and put their kids through school all on the tax payer’s dollar. Just follow the “trinity”:

1) District attorneys/law enforcement support new laws
2) Legislature passes new laws
3) Governor signs new laws

And the part missing here is:

4) New laws deemed unconstitutional by courts.

Why? Because they keep stalling defendants through post-conviction “maneuvers”. Jail, prison, probation, rehab classes, appeals. Everything to keep YOU from rising up to that moment before the supreme court. The longer the better, like I said they got mortgages.

Frankly, I think the tiered registry is a step backward. It’s a measure designed to break the sex offenders up, and judge each other. It inspires a mentality of “I got mine, forget it if he doesn’t get his.” It thus weakens us.

Wouldn’t doubt it, unfortunately.

I agree with you, Jack. Tiers may have given the registry in California – slowly self-destructing in legitimacy before its passage, a new lease on life, at least within the popular imagination. It’s just inevitable, in my humble opinion, that it will divide us. Whether it conquers us, and those in the “lifer” category, is, as yet, an open question. Still, we have to deal with reality as we find it, not with how it might have been. So we have to attack the legitimacy of the registry as a whole – any registry – head-on.

To mangle (and repurpose) a quote from Grover Norquist many years ago, we have to whittle down the registry so dramatically that we can then drown it in the bathtub. Let’s get out our knives and get to whittlin’!

I agree as well. But I will admit that the ultimate, overall, big-picture effects are very complicated and that I have spent little time really working on analyzing that. I haven’t tried to think deeply, deeply about it. Maybe that should be a sign to keep my mouth shut? Nah, never stops anyone else living in America! 🙂

Regardless, I deeply respect ACSOL and them doing work they don’t have to do at all. Why would anyone put themselves out and on the line like they have? There are a lot easier careers/lives.

One problem with the “tiers” is that is does tend to improve the “legitimacy” of the Hit Lists and make it look a little bit more that there was some actual thought put into it. They took their giant pile of feces and polished it up. Made the pile a little smaller. Made is shiny. So it must be much nicer now.

The other thing that we have seen repeatedly in America is that if we are only harassing 100,000 people, or giving the death penalty to 1,000 people a year, everyone is pretty cool with it and can just ignore it. We don’t have to worry about THOSE people as long as we don’t know any of them. That’s America. Hateful and dumb.

These criminal regimes will be very, very, very happy with only 200,000 or 300,000 People Forced to Register. They love some lifetime, recurring customers for their harassment/incarceration business. That will help keep their budgets padded and their pensions where they want them. They are good with their customer base. But once you are harassing millions, it can get too difficult for them. They don’t want to actually have to work.

@Jack and others – The Tiered Registry Law is not a step backward. Look at it from the perspective of the 70 percent of individuals currently on the registry who will be eligible to petition for removal this year or in the future. As has been stated by ACSOL many times before and bears repeating, ACSOL will continue to lobby the state legislature to improve the Tiered Registry Law until the registry no longer exists. Please remember that there are many people, including myself, who will not benefit from the Tiered Registry Law in any form. Yet we are dedicated to getting rid of the registry knowing that it must be done incrementally in order to stand on a firm foundation. If we do not work in incremental steps, we face the possibility of a similar fate to the Michigan registry which is lots of chaos and little progress.

Thank you Janice for all you have accomplished. What a giant step to having a law passed that can get so very many off of the registry when, in the past, LIFETIME was the only path for even the innocent plea bargaining and minor offenders. A job well done. Hopefully, the future will even bring greater reform. One Question, though, for those of us who are lifetime registrants in another state because of our California status. Kudos from Nebraskans Unafraid.

It won’t divide ACSOL. In fact, the tiered registry is a win for ACSOL because it signifies it has the capacity to make changes. Granted, ACSOL is still fighting an uphill battle despite making changes, but they’re still fighting.

IMO, eventually ACSOL may end up using the “right to privacy” CA constitution law to prove lifetime loss of privacy is unconstitutional. At this moment, it appears that’s a step too far to connect. I think that’s a much faster way for a resolution than proving the registry is punishment in CA.

***
CA Constitution art I § 1
SECTION 1.
All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by Proposition 7. Resolution Chapter 90, 1974.)
***

The right to privacy was added in early 1970’s, iirc. From a laymen’s perspective, a CA citizen has the inalienable right to pursuing and obtaining privacy. This means you can’t lose it forever. With the lifetime term of loss of privacy, this means you have no avenue to pursue to re-obtain your privacy. It’s a double whammy because not only can you not pursue regaining privacy, but you’re also not allowed to get it back.

This is one of my ways I can help ACSOL with respect to fighting the registry, giving ideas in this forum that could help like many others on here. Another way to help ACSOL is to donate. While many will probably get off the registry in CA soon, hopefully many will also continue to donate to still show support.

Each win that Janice and team earn lays down another brick in their pathways to continue fighting. When Janice won that residency and presence restrictions were unconstitutional in CA, did Janice stop? Janice and team just beat back the unfairness towards registrants from Prop 57 alterations. And thinking long term, Janice can now represent the registrant community at the federal level as she was approved a year or two ago.

Janice started this movement due to one registrant, Frank. Today, she represents not only Californians, but all registrants because she can now argue and defend on our behalf at the federal level when called upon. For Janice and ACSOL, this isn’t simply a registrant issue. It’s bigger than that. It’s a civil rights issue.

my b-day is the 31 of July, ill have 18 years on registry this year, no prior anything since, February im going to call and request my tier assignment, I should be a tier 2, soooo, lets see what local police tell me, anxious but yet, don’t keep hopes up due to things be so slow.

j,

Me too! 31, July! We need to make a lunch date and celebrate!

I was convicted in a tier state and after my sentence I moved to Florida. My parents moved there and at the time I had no idea what the registry was all about. I moved back north to a tired state and I thought they’d put me in tier 3 ; which they didn’t.

Personally I think the whole system is going to crash under it’s own house of cards. One might be good at shining shoes; yet you can’t make the registry shine because of the lies attached to it. Only thing I’m for is abolishing this damn thing!!

I know this has been asked before, but I don’t recall seeing an answer. Does anybody know for sure when the time period for being able to petition for removal starts? For a Tier 1, does the 10 year wait period start when leaving jail, or if probation after jail was given, is it once probation is finished?

If you were granted probation, it starts from the date of your sentencing. They dobt count jail time for probation sentencing.

An added note, after sentencing I was sent to county jail. Once I was out, then I went through the probation process. I did some reading and saw that if you were sent to county jail, then your charge is a misdemeanor. At that time, I didn’t know much about the law or what I signed up for at that sentencing b/c it was just a whirlwind. It took a different lawyer to explain to me that going to county jail was part of my probation. Say what???!

In short, if you were given probation, then it starts at sentencing. I just wanted to share my experience in case some others have been sent to county jail and then started your probation process to identify that going to county was part of your probation. That’s some interesting nuance right there!

Does this mean if you got sentenced to a year in county, you start counting from before you went to county? Do you have a source for this?

@AUS,

My going to county jail was part of my probationary term. Technically, I’m not under custody because going to county was part of my probation.

I discovered this because I thought since I was sent to county, then my charge automatically is classified as a misdemeanor. A lawyer combed through my sentencing and reported to me that going to county jail was just a part of my probation and that I retained my felony charge. That is very sneaky condition and seems very odd to put anyone in jail if they’re going to give probation. So you get the punishment of being in county, but you don’t get the benefits of going to county (because being sentenced to county jail outside of probation automatically classifies your charge as a misdemeanor).

I hope that helps to clear things up from this specific instance.

Even if you’re charged with a felony, being given probation with or without an actual county jail sentence allows you to eventually get it reduced to a misdemeanor. Hence why being given probation means you technically have a misdemeanor. The felony portion is there in case you mess up while on probation, in which case they can make that stick.

@SR I am not sure your statement is correct about it being a misdemeanor as long as you got probation. I was covicted of felony CP, I did 2.5 yrs in prison and released on PRCS (a form of probation not parole). I was told by my PO and several lawyers and according to MY reading of 1204.3 and the 17b that I cannot get it reduced or expunged and that it is a FELONY. The new law moves me from zip code only to full address and telephone disclosure and precludes me from ever petitioning off. My risk score at release was 1 pt.

From reading what PRCS is, it seems like a lesser version of parole rather than true probation. In vast majority of cases, probation is granted to non-prison sentences,.

To get 1203.4 dismissal you must have been granted probation specifically (not PRCS) and must not be one of several listed ineligible crimes, with 311.11 being one of them (though if your conviction was prior to them placing your code into this “no” list, you should be grandfathered in).

As for the 17b reduction, that one is specific about not having served time in prison, as well as the crime itself not being a straight felony which 311.11 was made into (they keep hammering possession harder and harder). Some prison sentences can qualify for this reduction if they also qualified for the time being served in county rather than prison.

It’s also odd for you to have a risk assessment, if you’re referring to you having a Static-99 score. Static-99 does not apply to 311.11 as there was never a direct victim (let’s not get into semantics of stings) as it was never calibrated for that.

The short of it all, you were sent to prison, you’re excluded from majority of relief.

SR, am I understanding you correctly? Just bc I was sentenced to county jail and got felony probation that I can petition for the conviction to be reduce and/or expunged? Even if it was 288(a)? I can do this under 1203.4? If I do this does it give me the right to possess a firearm back?

1203.4 does NOT restore gun rights. But if you can get your felony reduced to a misdemeanor via 17b, that does in most cases (some misdemeanors like domestic abuse and a few others still remove gun rights). I think your 288(a) may qualify for a 1203.4 but I’m not entirely sure. You should speak to a lawyer (you may be able to ask a public defender at the courthouse). But the biggest thing is that you were granted regular probation that may or may not have included up to a year in county jail. If you were sent to prison, it’s highly unlikely you can file for this, but as always, a good lawyer may be able to work some magic. Here’s a link to 1203.4 you can read.

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

Sr, thank you. You have been very helpful!!

@SR

If you examine the link to the description of the 1203.4 law you will see that gun rights are not restored. Additionally, all of 288 is listed as exempt from qualifying which includes (a) (b) etc.

However there is an exception. The CA appeals court ruled that attempted crimes are not the same as the actual crime. Since 1203.4 does not specifically list attempted crimes as being excluded from the benefits of 1203.4 there is a narrow window for people with an attempted crime who were sentenced to probation to qualify for 1203.4.

Sorry for the long explanation, but I went through this personally and it took a long time to find a lawyer who could help.

Attempted crime code is 664 … so to qualify you would need a 664-288(a)

Best of luck

The time starts when you are released from custody. Meaning completion of your prison term or county jail term. There are several recent recordings you can listen to and Janice will clearly inform you of this. Good luck!
JAB

Just to be clear, if there was a jail sentence,. then release of custody means after the jail time or at time of sentencing?

It means time in the community – not time in custody.

First off thank you Janice and acsol. You guys truly are angels to us bearing a scarlet letter! Secondly I don’t blame anyone for being happy with or unhappy with the tierd system depending on where you fall and ultimately nobody truly knows where they fall until it is shown to us with law enforcement. If I’m a tier two and I get off I will be happy and so should everyone else. If I’m tier 3 I will be unhappy because this scarlet letter is my world like all of you guys. It dictates to me where I can and can’t go. It tells my brain if my neighbor looks cross eyed at me that they know about me. When my kids were young there were pics of me passed out at the bus stop. When my youngest was 10 there was an older boy walking behind her whispering to her your dad is a child molester. It has made problems with my jobs. It has gotten my house egged many times. I’m not asking for sympathy bc most of you have gone through the same thing. I’m saying this to show that this registration is our world. We are all in different worlds but we are together in one universe. If I’m tier two ill make a pledge to be there for tier three ppl. And if I’m tier three I ask that you guys are there for me. Some of our world’s will get better but don’t stop helping the other worlds in our universe! Thanks for reading

@Janice, sorry I disagree. I don’t think anybody will actually get off of it either. Judges around the country have proven themselves to be resistant to such attempts by petitioners. If anything, you’ve actually saved the registry by making it more likely to pass constitutional muster in the future.

@Jack – It appears that you are not a Glass half full kind of guy. While I believe there’s going to be people that get rejected who are eligible, a lot of that will probably have to do with the county in which they reside. All in all this is a huge step forward from the previous model that we’ve had to endure. I’m looking forward to July and the feedback that we get from those who are first able to attempt to be removed.

@ Jack, ok that makes no sense. Up until now all of us were on the registry for life. There was no chance for anyone to get off except maybe under the most extreme and special closed door situation. Now we are broken up into various groups, many have the option to petition and go to court for that petition, as well, the smaller groups or tiers are now easier to target with law suits against written just for a specific situation. Take CP for example, even the feds say CP cases should be on tier 1 and 2, not 3. So that gives leverage to a suit. The attorneys can isolate that situation and have a specific plan. Battling the entire registry is not feasible at this time. No judge would risk the public outcry by voting to abolish it, but as we have seen, many are willing to make small modifications. Just like ACSOL did with residency restrictions, just attack them one at a time, whittle then down until the entire state is free of it. Janice knows what she is doing.

Jack, the registries have already survived constitutional muster, so your argument is fallacious. In the few cases where registries have been deemed unconstitutional, it was because of ex post facto issues. California has had a registry since 1947, thus, there are no ex post facto issues with California’s registry.

Past who’s constitutional muster ? funny at how there is no damage control involved , how many times since 1947 has it been contested in Cali ? how many times do they get to change the registry? and to what extent dose it have to be before its unconstitutional ? No one thinks that if you have been on the registry since it was to LE only, to what it is now offing only 1’s and 2’s a time they can get off , yet 3’s are just burned as they increase the heat , all of a sudden no one thinks that this don’t open a new can of worm’s ? us that have been on it 30 years and longer that did real prison time and real paper and we only had to report to LE once a year , and now its 4 times a year and no one see’s this as a possible constitutional issue in Cali ? Oh OK ! as long as you say so ! I am sick of being nice about this , I was right here when everyone was lip locked to LE’s a$$ when trying to pass this Unconstitutional Tier registry , and no one cared how many where thrown under the bus that have been living this , and I Think Its A Big Deal about doing the hardest time in the state , Corcoran level 3 and level 4 fighting just to stay alive , only to be set “free” to get life , that gets increasingly worse setting us up to fail some lame a$$ over bearing privacy Punishment , I think there are many strong constitutional arguments , Anyone that thinks that this is not punishment needs to be on this registry and go and give their 4th amendment rights up 4 damn times a year , this is nothing like registering a car like many would have you think , you can just sell the car and walk , as everyone one here knows ! I am so sick of every time someone comes on here trying to spin some kind of idea to beat this registry scam people cant wait to stomp on what ever it is , sick of the sell out BS attitude , “calling them half glass half full kind of guy !” just because what is said don’t fit some a$$ kissing narrative , just so they don/t have to think about the poor sucker’s thrown under the bus , just because some will now get be able to get off “Happy for them” but turn up the heat under those that are stuck for life ? this is some how right ? Anyone that thinks humans belong on this registry , are the ones that truly belong on the registry having to register 4 rimes a year, as they increase the heat year after year , then tell us how cool they are with the half glass empty of their rights each passing year

I’m right there with you. I don’t live in CA so I’ve got no involvement in their new law. But I’ve said many times that I think tiers are a bad idea. I am very happy that a lot of people will get off of the Hit Lists. I’m happy for their families. However, there is absolutely no reason to pretend that tiers makes sense or that the Hit Lists are legitimate. The Hit Lists are idiotic social policy.

It is nothing but a truly dumb fantasy that anyone dreams that the Hit Lists have a positive public safety effect. For decades, I have found it completely trivial to live in any way that I would like, with respect to being able to commit any crime. Only true idiots believe that any significant number of people are being monitored or controlled in any significant way. Perhaps a handful of people who live in tiny towns are, but that’s about it. And there is NO way that the Hit Lists are close to worth the damage they cause to all of society. It’s not even close. People want Hit Lists simply because they love vengeance and it makes them feel good. Not very altruistic.

You said, “Anyone that thinks humans belong on this registry , are the ones that truly belong on the registry”. I support that completely. Personally, I call those “people” Registry Supporters/Terrorists (RS/Ts). I go out of my way to identify those people and do anything that I legally can to lower the quality of the lives. For example, I’ve been very successful in business and brought hundreds of people with me. I make sure those people aren’t RS/Ts. I won’t even hire RS/Ts to clean my toilets. Every time I hire any business to do any significant contract or work for me, I vet their owners and people. Being an RS/T must have consequences.

The war in America is economic. I’m fighting it and winning. Most are losing and it’s getting worse.

@Will Allen , I respect you’r loathing of the RS/T’s and you’r idea’s on how to deal with the whole issue at hand , we are looking into moving out of the state of CA not really a big loss really we own no home or anything like that , its just the view between a few min to an hour away in any direction , and this state has been my home forever . This is no longer the state I once loved , people are nosy and could careless about your privacy , and if some RC’s knew how often they are being monitored they would be freaked out , I am sick of it so its time to roll maybe as soon as 2 mouths if things go right , we are thinking about Michigan , at least some meaningful ruling’s against this slavery have come down and maybe more coming , all we really know for sure is that its time to get out of this trap tier law , I too am happy for those that will get off this and their families , All the same I am not into this 4 times a year thing , or all the rats lol

The mandatory minimum registration period starts when your probation starts or after your release from jail or prison.
The new tier law will change alot of peoples lives for the better far as some people being left behind I’m not quite sure how I feel about that I guess the real question is why have you been left behind I don’t know what efford people labeled tier3 has done or not done to help ACSOL and their cause but I know a year or 2 ago back when Janice Bellucci was lobbying and at the state Capitol and protesting in multiple cities across southern California out of 100.000 sex offenders only 10 or 15 people would show up.
Strength in numbers speaks volumes imagine how much more of an impact we would of had on the new tier registry if everyone showed up to support ACSOL so dont get mad at people who will mostly go free or get mad because your being moved from tier1 to tier3 ACSOL was constantly warning us of what they were planning almost a year before SB384 was past there was plenty of time to stand up and fight this and you know ACSOL would of had your back.
So next time ACSOL asks you to stand up and fight for your constitutional rights as a human being maybe you’ll now understand the importance in letting your presence be known and your voice being heard.

Good luck

Aero1, I wish there was a like button. You are spot on!

@ EricOk I suppose I’d feel better about it if we were in a state more like Vermont, or Hawaii. But we’re not. I happen to know most of the judges in this state have prosecutorial backgrounds, and they tend to be highly conservative in their political ideology. It doesn’t bode well for us. And in this country, your political opponents never give if you start from a position of compromise. Incrementalism doesn’t work here.

Conservative means constitutional, don’t forget. It’s the democraps and their “progressive agenda” that kept changing things especially in California. There they can keep making “lateral progress”, throwing registrants a bone for every 10 new laws they pass and it’s a model followed by other states.

Never fully admitting that the whole system is a sham and needs to be done away with. What does a Megan’s law website contain that wasn’t already reported when the “offender” had their name and face plastered in the news and on social media?

Conservative = self-righteous criminal.

What is this, a trashy political web site?

Also, can you really not see the difference between a Megan’s Flaw web site and the initial/follow-up reporting of a criminal case? Really? Most cases aren’t even reported in the media. The Hit Lists are idiotic nonsense but let’s not be dumb about them. Let’s not be like the scumbag, lying Registry Supporters/Terrorists. Let’s at least acknowledge that the Hit Lists do make “common sense”, even if we know they are ultimately useless.

Regarding your criticism of the ACLU’s approach, if they had a democratic legislature, which we have in California a ruling like judge Cleland’s would’ve been made permanent. Additionally because of the ACLU and judge Cleland nobody in Michigan is currently registering because of the covid pandemic. Here, we are in spite of it. So I believe their approach has yielded better results.

@Jack – Although the results in Michigan temporarily benefited registrants, that is about to change with the new registry law passed by the legislature and signed by the Governor.

Good point.Janice

I have 2 very important questions. Please read this. How will (ie: PC 243.4 a) a 17B affect tier status? Furthermore, how or will PC 1203.4 affect tier status? Something to think about.

I live in a small town of 8000 people. I made this letter to give to our local PD tomorrow. I wanted to give them some information in case they were not aware of SB 384.

REQUEST FOR TIER ASSIGNMENT LETTER

SB 384 was signed into law in October, 2017. This law creates a tiered sex offender registration scheme. The date set to go into effect is 1/1/2021.

Registrants may request their local registering agencies to provide them with their tier notification letters on or after January 1, 2021.

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

Sincerely,

@ Steve: You’re too nice. (You should offer to do your own compliance checks for them! “Yes, officer, I verified that I live at the exact same address where I reside. I can also confirm that wherever I go, there I am!*)

*With appreciation to comedian Steven Wright.

Lets say you petition for removal and able to get off, if you plan on doing international travel in whatever country in spite of the IML, do you no longer have to do the 21 day notification process when you’re off the registry? and will the feds still send out a notice about you to your international destination which could result in denial of entry?

David
I am not too nice. I have been dealing with this for thirty four years and have seen the inefficiency and ignorance of LE and government.
I don’t see attempting to inform LE as nice but a way to get what I want
(Tier assignment letter). Don’t be a part of the snarky culture.

Re REQUEST FOR TIER ASSIGNMENT LETTER

Dear Steve D

Thanks for your example letter. I was wondering how I was going to handle my upcoming Registration and this concisely sets out what my approach should be…just wander in and ask during registration, or, give some kind of pre-notice as your letter would provide.

Regardless, it is an excellent piece of writing and a basic resource for all of us.

Thanks, James, I

@ Janice, there were two orders from Cleland. The first one is regarding the ex post facto provisions, which Gretchen Whiter and the legislature just nullified. The second one states that until the state of emergency regarding the covid pandemic is over, no registrant of any class has to register.

Jack… Why do you say that the X post Facteau was nullified because the governor signed the bill?

umm this is interesting .. it also prove that Megan’s law don’t work.. Maybe we can use that in court.

Here is something I have wondered about. This site is used by mostly the same people, and I am pretty sure, a lot of registrants don’t even know this site exists. How will they know about the Tiered Registry, their assigned tier and will they be informed at their annual that they might be able to petition to get off the registry? Letters won’t be mailed, and we are to ask for it at the local PD. But, what about those who know nothing about what is to come. Will LE have to let them know, or will they just see if the registrant will ask?

This is a very good question!

Isn’t it the duty of law enforcement to notify all registrants? There are some registrants who are homeless and have no access to any new info. How will they be notified?

This feels like a cheap disservice to those on the registry for not informing all registrants of the new tiered law.

@Someone, they gave me a notice at my last registration at the Sheriff. It went along with that summary of all the requirements you are supposed to initial. I wonder how many don’t know about the law or ACSOL. For me, I searched and searched for some time for some entity fighting this registry until CARSOL came up in the search results. Not hard to find in search results, considering all the cases they were involved in. Still, I suppose many are restricted or don’t know about the internet. I suppose it is fear many are not involved in ACSOL. When I made my first comment on this site, I was sure the brown shirts would be at my door. They weren’t . The compliance officers are still at the door. Their job is to make you afraid. Their bosses think that keeps people safe. It doesn’t, but people are stupid (uninformed) and believe them. The best thing to keep your humanity is to resist that fear, take any opportunity to get yourself and others off this draconian social experiment.

I’ve done my best to read the legal text on this and still unable to understand what it means for someone who was convicted of 288(a), 21 years ago. Seems like it’s Tier 2, but when does the clock start?

Convicted and sentenced to 3 years probation, 4 years suspended-sentence. Got violated on probation for a technicality, extended to 4 years probation and then another technical violation and my 4 years was involked in 2005. Only then, it was reduced to 3 years in prison. All said and done, I left prison in 2007, but was off parole in 2012, a full 5 years after even though I was sentenced to 3 years parole. Everywhere I turned, i was given more time allthewhile never having committed any crimes. This is totally unfair.

Simple recap: Sentenced in 2000. Off parole in 2012. (Parole was illegally extended by 2 years so it should have been 2010.)

No criminal charges since. Just traffic tickets.

Tier 2 or Tier 1? Or am i totally screwed with a Tier 3?

@N.M.

I am not a lawyer, just giving my opinion. If anyone has better information please provide.

My understanding is that Parole time is considered “in custody” while probation is not. If I am wrong on this disregard the rest.

As such any time you spent in jail/prison does not count towards your minimum time prior to being able to petition.

Anytime on probation and/or released from custody is counted towards your minimum time.

From the sound of your circumstances I highly recommend contacting your local public defenders office or a local law school to see if you can get free legal advice on where your “clock” stands.

@,N.M
Ur tier2 but your time on the registery stopped when you went to prison and started back up when you got out .
What happened to you happened to alot of us that was around the time of the sex offender Witch Huntthat that went down in 2008 and ended around late 2015 the crazy part is a lot of those taskforce from that time still exist and they still operate hey just do it way more low-key now

Good luck

Jack:
Whitmer can’t nullify a court ruling by passing legislation. Fortunately, Does II isn’t final yet so they can address this in a final order without filing new litigation. We won’t know what the ACLU is requesting until the ACLU files a motion for the final order and won’t know for certain if new litigation is necessary until the judge signs the final order.
Right now, the registry in Michigan is in a total state of confusion. Some police are telling registrants they don’t have to register due to the Does decisions (which isn’t true until Does II becomes final), a couple of police departments are confused or ignoring the court’s order and registering persons during covid, most of the Detroit police have never been crazy about enforcing the registry which has led to hundreds of registrants refusing to register, some for more than a decade. Flint and Saginaw have high rates of registrants refusing to register. Pontiac has some registrants refusing to register but aren’t gaining any traction because the Oakland County sheriff’s deputies are enforcing the registry. Various registrants throughout the state are refusing to register giving Michigan a high non-compliance rate.
After the dust settles in Does II, we should get some clarity but I believe their will still be some confusion. I believe if we can get some attorneys seeking monetary compensation that we will see more police departments taking these various court decisions seriously.
Michigan registrants haven’t benefited from the current litigation yet because only the 5 original plaintiffs have been legally removed. Everyone else who is refusing to register is doing so at their own risk. Registrants are getting a temporary vacation from the registry due to the covid order which began in February and most likely will continue until at least June or July. Things should get interesting when they start to try to get registrants who haven’t registered in a year and a half to try to register again. I commend the police departments complying with Does I even though they are not legally required to do so until Does II becomes final. There are some police honestly trying to comply with the courts order and a lot of police fatigued by the registry and simply want to get back to policing.
The main thing in Michigan is to stay out of Sterling Heights. That is the one police department that is consistently taking this registration thing seriously. It seems Ann Arbor is staying on registrants. Grand Rapids and surrounding communities are enforcing registration but seems to get to registrants when they have the time. The Detroit, Flint, Saginaw corridor, with the exception of Pontiac, is the primary area where registrants are successful in defying the registry for years. Most of these don’t drive which makes it easier for them to fly under the radar.
Registrants don’t have to worry about this new legislation. The die is cast. Either they are affected by these various court decisions or they’re not. I was surprised when the ACLU requested the covid order and even more surprised when the judge signed it. Some of these ACLU attorneys can be quite creative and Miriam Aukerman has proven to be quite the magician. I would be surprised if the ACLU didn’t address this new legislation in it’s final order.
The one thing that will get the police to abide by these court decisions is monetary judgments. The ACLU generally doesn’t seek monetary compensation so it is up to registrants to do this. In order to get a money judgment you have to prove damages, i.e., loss of job or housing due to the registry AFTER the court issues it’s final decision. My argument for monetary compensation is that the 6th circuit ruled that Michigan’s registry is punishment. Registrants can’t sue for the period that they were legitimately on the registry. But time outside of this is open to requesting a monetary judgment. It’s like if you were sentenced to 10 years in prison and the state is required to release you after you served your 10 years. If the state keeps you in prison for 11 years, you can’t sue for the first 10 but can sue for the extra year they kept you in prison past their out date.
Rest assured, these court decisions still stand. When Does II becomes final, thousands will be removed from the registry in Michigan.

N.M.:
Your post show just how vague these laws are and why they need to be struck down as unconstitutionally vague.

@Detriot, in spite of the confusion it’s nice to know the covid registration vacation isn’t over quite yet. Yes I wondered the same thing. If people haven’t registered in over a year will they really be able to enforce it? Guess time will tell.

@Detroit….
I hate to keep going in circles with you but why do you keep saying that people are going to be removed after the final order in Does II? If that is the case then why the HELL has the aclu been sending out emails to ALL of us on that mailing list saying that if you’re a lifer then you’re going to remain a lifer? If the aclu believes what YOU believe then why are they planning to fight this new law 5679? What it appears is that you don’t understand that this new bill is the remedy to the so called unconstitutional aspects of those previous rulings that you keep spouting off about…..

Josh:
I’m not on the registry so don’t receive these emails. Someone did send an email to me from an ACLU volunteer who is not an attorney. If this is the email you are referring to, it’s a volunteers view of the registry, not from an ACLU attorney. The new law signed by Whitmer has no impact on any court decision. You have to wait until after Does becomes final to understand.

How awesome it would be if there could just be a separate website to log onto to look up our tier. But of course not. That would be too easy.

Guys, I noticed that ACSOL updated this article with new info that is worth reading. I recommend re-reading it.

If one is placed in a “tier to be determined” category, is this simply because of a work backlog for DOJ, or might there be other reasons for one having that status at this time?

It mainly for out of state convictions. It was also for those who didn’t have a Static-99 score. But the most recent FAQ now seems to say you don’t need a score to be placed. All in all, it’ll probably take a bit of time for them to get things going, judging from how they’re classified some people already.

Hi,

I live in Eureka, CA. The PD notified us today by certified mail that My level is 3. It is what I expected, but still is just another reminder of our status. I am looking forward to the day when we can meet again around the state to show support for each other.

Stay safe!

2 Questions: 1) If part of the conviction is for possession of CP are they still eligible to be removed from the registry. 2) If someone is successfully removed, will they then be allowed to travel internationally, say to mexico?

I’m hoping the legislature invokes the 25th Amendment on me. Clearly, I’m not suitable to be on the Registry. Seriously, they should just remove me. 🤗

‘Got a reply from my local registry office:

“‘Your CSAR shows status as ‘In Progress’ and tier as ‘TBD’. No letter available until assessment is completed.”

Likely delayed b/c my conviction was out-of-State.

The more im thinking about the oddness of how DOJ is seemingly mis-tiering people, the more I think its a result of a poorly written program to match people. I do not think any of this was done manually. Not when they had to do it to 100,000+ people. They most likely wrote some quick program that matches a person’s record to tiers, and the coding is looking at the wrong information, not seeing reductions, and sometimes not seeing anything at all and putting people into To Be Deretmined category when they shouldn’t be like some have reported having their 311.11a having been done.

Itll probably take people contacting the DOJ to have things corrected manually and will likely remain a mess and inaccurate for months if not years.

Try not to get into a depression if you’ve been told you’re a higher tier than you belibed you’d be. Take it one step at a time. There’s still at least 6 months before any one can actually file.

Take care, everyone. Stay strong.

@SR – Can you elaborate on this part…

“and sometimes not seeing anything at all and putting people into To Be Deretmined category when they shouldn’t be like some have reported having their 311.11a having been done.”

I hadn’t read about 311.11a issues but may have missed it. What exactly has been reported about this? Thank you.

Someone posted in the Experience thread that their misdemeanor 311 CP was given Tier 3. Several people, myself included, tried to get clarification to which 311, but the person hasn’t replied yet.

SR,

Don’t get caught up in what other people post about their offense. Just take a deep breath. If this is your offense and adjudication, then you will be told at your next registration appointment.
There are commenters on site that are trolls. They post things just to create confusion and distrust. Whatever the current tier system is, ACSOL will continue to work to refine it. If you still have time like I do, then address it when you are eligible. Until then, just keep making plans. Mine is a misdemeanor CP as well. Been told be attorney that it is Tier 1. But my date doesn’t come up for a few yrs. until then, I will just keep doing my thing. Remember that Federal law puts us at 10yrs.

SR,

As a follow up on my comment, you can go to Shouselaw.com. They have it spelled out on their site that a 311.11(a) as a misdemeanor is a tier 1. If you have had a reduction, the offense is legally a misdemeanor. I hope that helps.

SR,

As a follow up, acsol posted a page that says all person convicted of possession of illegal images are currently tier 3, yet have spoken to many( and by many I mean 6) attorneys that said a misdemeanor is a tier 1 placement. Obvious to me that there is definitely confusion all around on this.

@Too Damn Long:

There’s a serious issue here that you seem to be overlooking. SB 384 is very clear that 311.11 charged as a misdemeanor is Tier 1. Which means your identity is not publicly disclosed on the ML site. Which has been the case so far.

If the CA DOJ botches the assignment and places you into Tier 3, that means that come 1/1/22, you are suddenly publicly disclosed on the ML site. Sure, we time to fix the problem during 2021, but who knows how long this will take? Will it take DOJ 3 weeks or 3 months or? to “fix” their misclassification? What exactly is that process? I have not seen any specifics about how we “challenge” (I hate using that word if it’s their mistake since the onus should not be on us to challenge them to fix a mistake they made) their classification.

So just saying that there are very serious implications for some of us if they botch the classification. Thus we need to be jumping on this immediately if it happens.

Your other point is really well taken that there’s been a lot of cortisol-inducing misinformation posted here. Frequently via hit-and-run to never be heard from again.

Okay so has anybody who has been convicted of 311.11 a pc misdeamenor been told what tier they are in yet?

I have a question: Those of us on this site knows about the possibility of removal from the 290 club, how do the others would know about the removal?

In the city of Ventura, the registration officer hands (handed) out information about the new tier law when you came in for your registration.

Good for them, mine there was not a word and I know most here are not involved with ACSOL or like groups.

For the sake of clarity, under 667.5 there is this:

(5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.

That to me means subdivision (c) or (d) of 288a, which would NOT include 288a (b), which means it is not a violent crime listed in 667.5, which makes it a Tier 1.

I think the new 287 is the old 288a.

I’m confused about reqesting when to request the tier assignment letter. It’s my understanding thai I must wait for the period beyond eligiablity to cover time on probation. So for instance , I was charged and began my court process in July 2001. In early 2002, we settled the matter, and thus I have a conviction date at that time. I also served 5 years on probation. So shouldn’t I wait 5 years from July 1, 2001 to request a teir letter from the police or shall I do it on this July 11, 2021–my bday. Furthermore, if we dont get this letter as Janice indicated in her article: A) how do we know if it gets done B) also how do we know if it accuratly assigns us into the proper tier subset?

There are no letters being sent out. You simply need to call the office where you register to get your tier level. If you have ability to call them (you’re not behind bars), you should be able to get your tier assignment. It doesn’t matter if you’re still on probation, parole, or “free”.

@SR ok so now I’m totally bewildered. What you describe bares little resemblence to what Janice wrote above. Furthermore, why do I need my tier level?

Last, I think we can safely assume I’m not in jail as I am able message to this website.

@Davidh,

You can request your tier assignment today.

The first opportunity to petition off the registry, if you qualify, is July 1, 2021. Part of the qualification is your tier number and the number of years you have been on the registry. There are many nuances to those that. Between now and July 1, 2021 is the best time to contest your tier rating.

@davidh

David, per the information you provided here are answers to your questions as I understand the new law – I am not a lawyer so take my answers with a grain of salt.

You can request your tier assignment letter from the law enforcement office you regularly register at beginning 1/1/2021 (so now).

No one can petition to be removed from the registry based on the new law until the month of their birth starting in July 2021 and after they have met the minimum registering period.

If I understand you properly your conviction was 2002 and your sentence was probation. With those circumstances your clock starts from your conviction date since probation time counts as in the public and not in custody.

Request your letter as soon as you can to ensure you are placed in the proper tier and have ample time to correct if there are any issues. If you are unsure/unclear or believe DoJ placed you in the wrong tier get good legal representation and fight it immediately.

Hope you don’t run into any problems

Thank you!

My birthday is also 7/11. I will also be petitioning this year.

David this tier registry can be construed or interrupted as vain or unacceptable and a bit inexcusable in classification. Send a letter off as soon as you can. I’ve even written several letters to President Trump in the last few years for pardon if not for me for others. Many times they are filed in the trash bin. Sure one can wait my two more years or so out if thats one’s case but its the “principle” of the whole ordeal that much of this registry goes against the grain. Do you think one like seeing anyone in jail or prison unjustly in many of these cases. I don’t know how it is in California or other area’s but true understand is true understanding or who is devaluating the dollar bill or its people.

I’m not even married and I would hate to not be able to visit my son or daughter, job discrimation, etc. Look at it this way your not only helping yourself but others to take a step.

Gee, you wrote a letter to POTUS for a pardon to a sex offense and didn’t hear back? Well knock me over with a feather.

Haha well ole orange is issuing 100 on his way out the door–so who knows

@Janice and ACSOL,

On the updated pdf it states the following:
***
Who determines my tier designation?

The CA DOJ designates the tiers of most sex offender registrants. However, pursuant to Penal Code section
290.006, on and after January 1, 2021, the court shall determine the tier designations for individuals ordered by the court to register. Registrants who are court-ordered to register will be designated as tier one unless the court finds the person should register as a tier two or tier three registrant and states on the record the reasons for its finding. An individual is court-ordered to register pursuant to Penal Code section 290.006 when an individual is convicted of an offense, is not required to register pursuant to Penal Code section 290, and the court makes a finding that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.
***

If I’m reading this correctly, registrants who are court-ordered to register (all of us) are designated as tier 1 unless the court finds the person should register as a tier 2 or 3.

This would imply that any CA registrant convicted for said crime in CA should already have a designated tier. The only registrants who do not are the ones who were not convicted in CA.

Then this would imply the courts should not have a two-year window to determine your tier if convicted in CA and subjected to the registry via the CA court. In fact, everyone is designated as a tier 1, unless courts says differently, according to the “updated PDF”. There should not be a delay in justice because the registry scheme was not prepared, which was approved in Oct 17, 2017. That was over three years ago.

https://codes.findlaw.com/ca/penal-code/pen-sect-290-006.html

Section operative Jan. 1, 2021.  See, also, § 290.006 operative until Jan. 1, 2021.>

(a) Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290 , shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.  The court shall state on the record the reasons for its findings and the reasons for requiring registration.

Notice the NOT SPECIFICALLY IN SUBSECTION (c) OF SECTION 290 part.

Tomorrow our son might be a tier 1 when sentenced . What does that mean for him? Jobs, place to live, Megan’s list, can he get off early, so many questions. Any advice/help is appreciated.

If your son is Tier 1, for the most part, he’s in a good place all things considered. He shouldn’t be publicly listed on the website unless he has a 647.6 (this will result in a partial listing of his name and zip code, but not full address).

It’s unlikely he’ll be able to get off the registry before the required 10 years for Tier 1’s unless there’s something specific written into his sentence by the judge and/or laws change in the future.

Janice and ACSOL have successfully removed living restrictions for registrants, so this shouldn’t be too much of an issue, especially if he’s not publicly listed.

Jobs are in a similar situation as finding a home above. There are very few restrictions for jobs for registrants outside of directly working with children. And if he’s not public, there will be less of a reason for him to be declined (he should apply to USPS as they hire both felons and registrants. Likewise with FedEx and UPS). Once he’s off probation, he’ll most likely be able to file for 1203.4 (this dismisses your conviction for the purposes of a background check) and 17b reduction (if he has a felony, there’s a good chance that post probation he can have it reduced to a misdemeanor at the same time as his conviction is being dismissed via 1203.4).

Good luck to your son and you and feel free to come back here for more information and support. This website is likely the best place for this.

@Charlene

I am so sorry for you and your family. You are all beginning a long process.

I understand you have a lot of questions and people here can share their experiences and insight.

You said your son will be sentenced tomorrow, once you know the particulars of his sentences we can all be a lot more help.

As a tier 1 your son would not be listed on the webpage, but would still be required to register. His living situation will be driven by his probation/parole officer if he is not placed in custody.

Depending on the specific crime and the type of work he is qualified for work will be difficult. If at all possible I strongly recommend seeking ways to be self employed.

To your last question … getting removed from being forced to register early … under the letter of the current law I do not believe so. But a lot can change over time so stay informed and exhaust all legal means as you have means … miracles have happened – but they are few.

Once you know the particulars of his sentencing please come back with any and all questions. Chances are you will get a lot of people offering their opinions and experiences, use them all the best you can.

My prayers for you and your family

So what happens when we are off the registry, meaning can we move out of California and buy a home without having to register in another state after we have been relieved of 290 registration in California?

@New 2021

The unfortunate nature of the on going legal definition that registries are civil in nature … each state can apply it according to their own laws.

So the short answer is … your California status is not relevant in terms of a different states determination of wanting you to register.

To me it definitely seems like double jeopardy or a violation of freedom. That said I have not as of yet seen anyone try to challenge this.

Seems like if the state of California convicting me of a crime makes me eligible to be forced to register everywhere then California determining that I am rehabilitated should relieve me of being forced to register everywhere as well.

If you do want to relocate, please consult with legal advice to determine if you will need to register where you want to relocate, it will hopefully save you a lot of trouble.

The way the registry is implemented, not only can we kicked out of other countries, we can be screwed just going to another state! Hell, just going to another city can possibly get you put in jail. No consistency or reason to all the different applications of the law. It’s like the Federal government said paint us all blue, but each place chose a different shade.

@Interested Party & New2021,

I think one thing that probably matters is where you stand with registration under the Federal requirements. If you move between states and are required under federal laws to register there is some uniformity at the Federal level that would not be a situation where states are necessarily applying so much according to their own laws except for maybe some requirements with their registry that go beyond what is required Federally. When you are no longer required to register under the Federal SORNA, I think there is a bit more of an open question and the answer may even vary based on what each states own courts might say and even federal courts. I believe there may be some due process violations requiring someone to register who is not required to register under the state law for the state in which they were convicted nor under the Federal SORNA but is in the state they might be trying to move to or visit. In these circumstances, if the state is applying a registry requirement to someone without a due process hearing is, if not unconstitutional certainly should be.

⭐⭐⭐⭐⭐ Some on this website have expressed concerns about ACSOL’s lawsuit. Please read Janice’s Journal. Here’s a link:

https://all4consolaws.org/2021/02/janices-journal-weve-got-your-back/

Received my tier assignment today. Teir 1. Federal CP poss. In 2001. Served 18 mo. So happy!

Congrats on getting the allusive Tier 1. Same charge here, one count possession CP, federal, 2003. Similar sentence. My tier is TBD. I’ll keep my fingers crossed but have heard others with same circumstances getting tier 3. No rhyme nor reason to this process apparently.

I have a friend who has been going thru hell with all this. Convicted in CA in 2018 as 311.11 as a felony CP possession, did 4 months in county jail, released on 5 yr probation (reduced to 3 yrs under the probation law that was passed in CA), no other convictions, complied with everything asked of him, etc. etc. Now is shocked to see he is Tier 3 lifetime registry. His public defender initially said, “no way, you are not Tier 3!”, but the registry office has said it is Tier 3. I presume this is because it was a felony cp charge vs. a misdemeanor charge. I think a lot of people including the public defender have become confused about this, because they assume that a non-violent offender charged with mere possession of cp is going to be Tier 1, because Tier 3 is for violent offenders. But unfortunately, this does not seem to be the case. My friend has already done 5 yrs on the registry and was hoping to get off it in another 5 years as Tier 1 and is now extremely depressed that he may be Tier 3. He has put in a petition for reduction or tier challenge or whatever his public defender is doing but is not hopeful. I have told him to hang in there and don’t give up until he sees the outcome. Is anyone else dealing with this particular set of circumstances, where they are non-violent first time cp possession charged as felony, but are being lumped in with violent offenders? What are chances of being downgraded to Tier 1 this time around? And who exactly is it that gets “misdemeanor” CP? It seems that anyone on that charge is nearly always a felony, no matter what for political reasons. Thanks for any feedback on this!

So a few things here:

The Public Defender probably wasn’t wrong at the time. The original bill would’ve only seen repeat offenders and those convicted of extremely series charges like running a CP website, actual trafficking etc. But then our “favorite” senator forced a ton of stuff to be moved into tier 2 and tier 3 or she would’ve tanked the entire bill. So, at the time your friend was going through court, his public defender was likely telling him correct information.

Regarding 311.11a specifically, this particular code has been amended several times, each time tightening the noose. The first change went into effect in 2014 that moved this code into the “can’t get an expungement (1203.4)” list. Then, in 2015, it became a straight felony. This means it typically doesn’t qualify as a “wobbler” to be reducible via 17b. For those convicted prior to these dates, their cases were grandfathered in and they can still get these reductions done. But most of everyone else are SOL.

The one potential ray of light for your friend is that they did county time and wasn’t sent to prison. With a good lawyer, he may be able to have his conviction reduced to a misdemeanor via 17b as one of the important things to get this done is that you weren’t sentenced to prison. But because of everything else I said, it’ll take more work to get there.

Thanks so much for your response. Yes, as you say, the public defender was probably correct back in 2018 but now he has had to proceed with it as Tier 3. About the county jail sentence, my friend like many others in this situation took a plea and agreed to 6 months in county jail and 5 years probation. He served only 4 of the 6 months. My understanding of this situation is that if he hadn’t taken that deal, he would have been eligible for state prison, I think around 3 yrs. Being frightened and not knowing what else to do, he pled guilty and did his time in county jail. Would this still be seen as beneficial even though it was part of a deal? To my way of thinking, if his “crime” had been so bad, he wouldn’t have been offered county jail in the first place, and only 6 months at that. The Tier 1 description says it’s for offenses that were for 1 year or less jail time, and that fits my friend’s description. However, as you say, the 311.11 stuff was put into a straight felony and I presume is NOT going to be viewed as a potential wobbler. But maybe there is some light in the tunnel…although not much. He’s praying the public defender can make something happen on this.

I know this isn’t the easy answer, but would your friend be willing to move to a different state that aligns their tiers more in line with the federal tiers (in which he would be tier 1)?
I think most states would put him in tier 1, they have some crazies making laws but none as cray cray as the one San Diego was cursed with…

I don’t know, maybe. It would depend on the overall quality of life in another state. Cost of living, etc. Where he is now, at least he has a stable roof over his head and wasn’t evicted during all this mess so I think he’s afraid to make a move where things might suddenly be worse if he can’t find someone who will rent to him. But in this situation, if he’s doomed to Tier 3 he might weigh his options. Thanks so much for your response, it means a lot that people here take their time to help out and respond with advice and ideas!

I totally understand that! I’m hoping they will reevaluate putting non-violent charges in tier 3, it just makes no sense to me.
But I may have to move as well and maybe just hope that at some point CA will align with the majority of states and even the federal tiers as far as that is concerned.

Curious how your friend has been on the registry for 5 years with a 2018 conviction. Do you have the date wrong, or was he registered before he was convicted?

He hasn’t been on quite 5 years….in 2022 it will be almost 5 years i think. i don’t remember his precise date of conviction in 2018…He was given 5 years probation and only served 4 years due to CA’s law that reduced probation for people who were eligible for that. So, he was off probation in 2021 ( had already served 4 of his 5 years probation). No, he was not registered prior to conviction, this was his first ever dealing with any law enforcement in his life.

Has anyone else been assigned to Tier 1 w/ a Federal possession charge? Curious how the federal cases will be addressed. I had just assumed that it would be deemed equivalent to CA 311.11 and put in Tier 3, but this is great news if the federal cases are being assigned to Tier 1.

That I don’t know… I’m also curious to see how CA will compare federal and military offenses.
It just seems that from my very limited knowledge and research in the subject some other states have been more aligned with the federal tiers- with Tier 3 being reserved for more generally violent acts.

Last edited 1 month ago by Just a Thought

It’s complicated and depends more on the state than Fed. As far as federal guidelines go, they’ll assign a person to X tier based on the sentence they received (kinda). Basically, if you were convicted on the state level, they look at the conviction sentencing guidelines, and if something would result in a max of 1 year or less behind bars, it’s automatically tier 1 federally. 311.11a has a sentencing guideline that may fit this criteria. However, CA and each other state follow their own guidelines and currently 311.11a as a felony is Tier 3 in CA. What this means is that if you were to move to a SORNA compliant state with this conviction, you’d technically be tier 1, as long as that state doesn’t automatically adopt your conviction state guidelines. If what I wrote sounds very confusing, it is. The registry is a complete mess.

What was your Felony charge number? 18usc 2252A 1 or 2 ?
My Federal CP from 2002 Served 22 months – and I am still a TBD

It was 2252(a)(4)(B) – Possession. 7 years supervised release (w/ 1 year of that in fed halfway house, 1 year home confinement), no custodial time in fed prison. Sentenced in 2013.

I want to ask for clarification on the issue of whether 311.11a is a wobbler offense. I was listening to Janice’s October conference audio today and she specifically says that 311.11a IS a wobbler and that she has gotten two people relief by utilizing this wobbler element of their charge. So are you saying that someone like my friend who was convicted as felony 311.11a in 2018 is never going to be viewed as a wobbler for 17b reduction to misdemeanor, whereas the two people that Janice won, they must have been pre-2018 cases and that’s why they were wobblers? However, she didn’t state it that way on the audio. She said, without reservation, that 311.11 IS a wobbler. If someone could clarify this, it would be appreciated. Thank you!

It’s a bit complicated. A wobbler is technically anything that can be charged as either a misdemeanor or felony, AND the conviction did NOT result in a prison sentence (you were granted probation instead, even if it included time in county jail).

The issue is that in 2015 311.11a became a straight felony. So it’s technically no longer a wobbler for those convicted in 2015+. But a lawyer may still be able to maybe wiggle something if your sentence did not include a prison term. But what this wiggle room is, I have no idea. Your friend would need to contact a lawyer specializing in things like this to see if they can work something out.

Thanks so much for your reply re; wobbler status of 311.11a. My friend does have a public defender who has filed for a reduction to misdemeanor. Hopefully something can be done, due to my friend getting probation which was 5 years and has been fully served, all fines paid, no further infractions, etc. He served only about half of the 6 month. county jail time and had never been in trouble with the law before any of this happened. If Janice could perhaps add more info about how she perceives the wobbler issues post 2015, that would be great, because it seems to be a gray area or maybe just depends on the overall facts of each case. Thanks again, will update on what happens on my friend’s situation.

Sorry if this has been answered before, But does anyone know What states still have options for CP offenses not to be listed on there public website? Like California Before these new Tier and SB Bill went into affect ?

@RR,. I don’t have a list but Minnesota lists people on their public website based on likelihood to re-offend rather than the specific offense. Therefore, it’s not at all what you did but more of how you score in their version of what is similar to in concept, but not exactly like, the Static 99. So, a CP offense could make you publicly listed but usually wouldn’t.

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