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Janice's Journal

Janice’s Journal: Independence for Some, Continued Registration for Others

There are two significant dates about to converge in a few days.  Both offer independence to some, but not all.

The first of the two dates is July 1 when some registrants in California will be able to petition for the first time their removal from the registry.  The size of this group will expand during the next 12 months when eligible registrants celebrate their birthdays.  That is because otherwise eligible registrants must wait until their first birthday on or after July 1 in order to submit their petitions.

There are many problems with the Tiered Registry Law.  The focus of this column, however, is not upon those problems.  Instead, its focus is upon the opportunities available to hundreds if not thousands of individuals who will successfully petition for removal this year.  This means that there will be a significantly lower number of people who are punished by society solely because they are required to register.

I urge you to take time to celebrate this moment.  A moment many of us have been waiting for more than 10 years when the first Tiered Registry Law was introduced.

Although imperfect, the current Tiered Registry Law is the key to freedom for many people.  And that key will be made available to many more people as we continue to challenge its imperfections in court and lobby for necessary changes in the state capitol.

If you are not included in the group of individuals eligible to petition for removal from the registry this year, I hope that you can cheer on those who are eligible.  To be grateful for their freedom.

What better time of year to celebrate the freedom of these registrants than July 4, the day our nation celebrates its freedom?

 

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I wish everyone the best of luck with their petition!!

I’ve been on the registry since the mid 80’s and even though I qualify to get off the internet, it brings little comfort. In my 30+ years of registration, I have seen my life go from a happy outspoken successful person dwindle down to a depression filled unemployed anti-social mess. Damage has been done. It’s still going to be hard to get a job or live somewhere because my offense (288a) will still be popping up on background checks everywhere. Only comfort is anybody new in my life will not be able to look me up unless they use a background check service. Not excited at all about having to go through another court process and I am in no hurry to get my name taken off the website.

don’t give up on the jobs, from experience ive had 3 employers say they would never hire people like me. had a criminal abuse case with my ex. I explained my self one even said he would kick my as if i was lieing about it. he would not talk to her to get the story said i could direct him to anyone and they could pretend they were her. instead he wanted to call my boss a carsales men lol ok they are good at selling things. all 3 gave me a job, all 3 also told me not to let their wives find out. I have had some unlikely jobs that I should of not had, One job cleaning houses even had me alone with their kids of a police officer at time. no problems and just avoided them, cleaned their room before they got home so I would not be around them. they say hi getting back from school i say hi back that is it do my cleaning and gone. these were the kids of an police sargent i am sure he knew what I did and knew my full name gave me a tip and put my full name on it. my current job offer is for cleaning houses as well. they said the boss is strict on felons, but also said after 7 years it shoulnt be a problem. present yourself good and you will find people willing to give you a chance. I have yet to be denied a job over my conviction.

Wish I had your luck on the job hunt John. I remember I landed a good job because the application said ‘no felonies in the past 7 years’. Then later on I’m explaining myself to 3 supervisors in suits while in front of me was a printout of me on the registry they obtained.
I started getting my job struggles around 10 years into the registry. That’s when I stopped applying for jobs and became an independent contractor for a few years. I would land a job, maybe work for them for a few months/years, and eventually get exposed and the job hunt would start all over again.
Guess what I’m trying to say is that being on the registry a long time puts a lasting dent on your mind. I’m in my mid 50s’s. My offense happened when I was 19. Job struggles are just a part of it. There were a few relationships that have come and gone also. Around 25+ years into the registry is around the time my nephews/nieces, or my closest friends kids started finding out about me. You find yourself explaining yourself to the next generation which is sad to go through. Could tell you more examples, but you know what I mean.

Rob! Lets talk, me too.

I myself never had a problem in California finding work and even worked for a famous hospital in their IT department. That said, I’m listed as tier 3 so the tier system is meaningless for me, my wife, and young children…..

W O W super lucky duck, wish I could go back to my Trauma Ctr!

Lucky Duck

Try going through a contract to hire agency. They usually don’t care, and those that do run background checks normally only look back 7 years. Be up front and honest with them. Once you’re placed on a job assignment, keep in mind that you work for the agency. Let the job you’re working for see that you’re an outstanding worker. Put in a little extra effort. It goes a long way in showing them your work ethics.
When your contract expires and its time for the company to consider hiring you, they’ll remember what a great worker you are and most likely won’t care that you’re on the registry. They’ll see you for the man you are today, and not for the man who made a mistake years ago.
This is how I landed my current job. I was up front with my agent and told her everything. Funny thing is I passed the background check. She wasn’t put off by it at all and told me not to say anything to my supervisors. I worked my ass off, always volunteering to do extra, showed a willingness to learn other things in the company, went above and beyond my duties. When it came time to hire me, I spoke to my agent and asked her if I should go ahead and tell them, but she told me they already knew. So I sat down with my supervisor when he gave me an offer for employment and I told him. He didn’t care at all and said what I did in the past has no bearing on my work ethics and skills. I guess I’m lucky that I found a place that doesn’t hold your past against you. They were more interested in my skills and saw me as a perfect fit for the company..
I am the production manager with an amazing salary and still in contact with my former employment agent, as we have become pretty good friends. She keeps telling me how proud she is of me and says I’m their best success story to date.
Don’t be discouraged, Rob. There are plenty of good paying jobs that are willing to hire you. If I can do it, so can you. I believe in you.

Maybe Mich, but here in Cali, x7 yrs is NOT even true as I have lost over 15 positions applying due to Red Flag RSO. P.s. mine was almost 37 yrs ago.
Not Fair

Me 2. Rob, we’re NOT Alone…hang on there til acsol completes repairing back to original bill. Right, NOT fun and could be costly in the long term, but hurrah for the many that can apply

The nature of my case pegs me to Tier 3 for life, but, man oh man, I’m so thrilled to know that many of my fellow registrants will enjoy the chance to finally wake from this nightmare. To those who have helped fight this battle, thank you, and God bless you. To those who will benefit, I know you’ll use this new lease life to live your lives to the fullest free of extra-legal entanglements and prove to the world that you never needed to be on the cursed registry in the first place. Your success improves the chance that those of use who remain on the public registry will one day enjoy freedom, as well.

United States Supreme court Judge Thomas has an opinion about the the state of contrarian Federal Law enforcement. https://supreme.justia.com/cases/federal/us/538/84/

Their are some revealing statements about the fiat state of being of our current law and Law enforcement policies regarding one type of criminality- marijuana possession. Certainly this topic seems off target on this forum, and Yet the sex offender listed on a state registry too suffers the untenable rule of fiat. The are too as Tomas puts it, ” half in – half out. ” Either free men are paid wages to maintain machines of they are not. Welcome to binary life.

I found what Stevens said in his opinion interesting , ( 112 ) to (118) , and its plain to see that they full well knew , that they were being unconstitutional , and at that time they had no idea how many would be assaulted and murdered Including set up for other crimes by hater {PFR’s family’s} in danger , making the registry literally dangerous , while saying the registry was for safety , slavery to the state for sure , and a never ending punishment on the public square . and much more stupidity of the goof ball state stealing our rights with malicious and forethought

Last edited 1 month ago by Outsider

I have 2 failure to register charges can I still petition for removal after 20 years ?

It might depend on whether you missed an annual or failed to update something in-between? Or would that be the same?
Did you have to spend time in jail?

No i got probation for both of them I did 3 years back to back

Last edited 1 month ago by Carlos Rosa

26 years

Remember though that FTR used to only be a misdemeanor and I don’t think they can call a misdemeanor conviction a felony ex post facto. This might have to be litigated.

I was register both times they arested me the first one was for failure to register all addresses the second one was for failure to de-register my address

I expect that part of the law “makes sense” to the Registry Supporters/Terrorists dumbasses, but in reality, it doesn’t. It only makes sense if being Hit Listed is considered punishment. So for example, if you were supposed to be punished for 10 years but were not listed for 2 years, you skipped part of your punishment. Same if you were not fully/correctly listed for the full 10 years.

The opposite makes sense. If you were not Hit Listed for some part of time and did not commit hundreds of sex crimes, then obviously you don’t need to be Hit Listed at all. So your Hit List punishment sentence should be reduced, not increased.

The fact is all that this all really shows is that it is clearly not for public safety, protecting children, or any of their other lies. It is for vengeance and to make money.

Wage war on all the tyrants who think Hit Lists are acceptable. They absolutely must pay consequences.

With this new tiered system and rules, doesn’t that mean the extension of the registry is punishment?

For a statutory scheme, failure to register (FTR) carries a punitive measure and is retributive, especially if a person served any time (prison, jail, or probation) and it not count at all.

From the same paragraph:

“The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period.”

So it could be that time in custody for any conviction might stop (toll) the count down. Bet the DOJ will read it that way.

toll v. 1) to delay, suspend or hold off the effect of a statute

Last edited 1 month ago by Ditto

I will celebrate quietly when I am off. No offense , but I don’t celebrate other people’s accomplishments, and I don’t expect anyone to celebrate mine. I liken it to congratulating the guy next to you for surviving the firing squad as you bleed to death from your wounds.

I have a question for the legal people. If I leave the state for a while and then return does my counter start over or does it start where is left off?

The tiered registry doesn’t seem to require continued residence within CA (this is different from the CoR which did).

Existing case law seems to indicate treating you differently would be unconstitutional.

I’ll leave it at that because I wouldn’t want someone (“) to go act based on my layman’s opinion…especially when that person then goes and also misapplies that opinion.

May those who are removed never be a recidivism statistic as is occasionally seen around the country by those with a prior registering offense.

May you make the single digit rate currently used go LOWER to the lowest of every data point noted when statistics are calculated.

May you make “frightening and high” more of a misnomer than it already is and shove it back onto the courts as the truly piss-poor data it is to begin with.

Don’t be a first one who slips. Go forth proving the encouraging masses correct and prove the doubting masses wrong. No pressure here, but failure is not an option.

May you make the best of the new found emancipated freedom and fight for those not able to join you…yet. They will need you.

“Freedom is the oxygen of the soul” – Moshe Dayan

Agreed. If some of us remain on the registry, don’t recidivate!

If you can’t find a job to keep yourself busy (which is ideal), or start your own business (which is also a good option), at least work on yourself by meditation, mindfulness, accepting the present, trying to work on yourself, etc.

Who cares what other people think. When one looked at the Megan’s Law website when I first had to start registering about 10 years ago (which someone had done for me BTW), there were barely any “Registered Sex Offenders” who lived by me. Now, the map is filled with Registered Sex Offenders. There’s over 10 Registered Sex Offenders within a half mile radius from me (and I live in a good neighborhood)! When I zoom out further, there’s thousands! LOL.

In some way, it’s hilarious that the government is digging itself into a hole that eventually will not sustain itself. At this rate, most people are going to have to register for something, especially in light of how society seems to be slowly eroding, and in turn, one would think “the system,” as well as the people who enforce it, lose even more credibility than they have in recent years.

It’s like a sand castle built on the high-tide mark.

Ideally, these registries will fall and fail. But until then, I suppose the best we can do is watch our “Ps and Qs” and not giving an F about what other people think about our registration statuses. (I know it’s easier said than done… but what else are we supposed to do?? The situation sucks.)

Last edited 1 month ago by The Static-99R Is A Scam

 When one looked at the Megan’s Law website when I first had to start registering about 10 years ago (which someone had done for me BTW), there were barely any “Registered Sex Offenders” who lived by me. Now, the map is filled with Registered Sex Offenders. There’s over 10 Registered Sex Offenders within a half mile radius from me (and I live in a good neighborhood)! When I zoom out further, there’s thousands! LOL.

This is why, I firmly believe, the Model Penal Code was changed so drastically such that, if any state enacted it, it would dramatically reduce the number of registrants–because people don’t want RSOs in their neighborhoods, and it turns out that ordinances kicking out RSOs are unconstitutional. You might ask, “But won’t there still be sex offenders in their neighborhoods–just under the radar?” Yes, but read Henrik Ibsen’s Enemy of the People–people would rather bury their heads in the sand if it comes to money, and home prices go down when you have a sex offender in your neighborhood that there’s literally nothing you can do about. There are too many low-risk RSOs out there who have decent incomes and can afford decent houses that the decent people of the US can bar from their cul-de-sacs. While I don’t expect any state legislature to implement the updated MPC any time soon, I do expect courts to use it as a model when dealing with future litigation.

This is exactly why I do not trust any figures or statistics that come out of CA SOMB. There are many more people listed on the registry in my neighborhood too… but why is the registered population consistently reported between 100,000 and 105,000, with claims of decline, by CA SOMB?

OH WAIT… is this the same Corrupt CA SOMB that actually supports corrupt sex offense treatment, with the pseudo science polygraph, and those STATIC 99 scams that you claim of? I mean come on… CA SOMB is the very definition of incompetence; they couldn’t even foresee the flaw in using a static test and how the tiered law was written to combine with two other tests. IDK how any of this is not clear to the courts and legislature, yet Bill Cosby gets freed.

The criminal “justice” system is rigged and this world is insane.

“Love is like oxygen.” – Sweet (c. 1980)

Great thoughts!

An excellent point to reflect on, Janice! There is now potentially real freedom for many registrants. 😃🤗

I still have not received any notification (letter) stating what tier I am. When should i expect to receive it? “California”

I received mine in person, when I went in for the annual registration security theater.

I thought letters were suppose to be mailed at some pint by the CA DOJ, but i to was given my letter when i went to register in person.

As we have previously stated on several occasions, tier assignment letters will NOT be mailed to anyone. Instead, you must go to the office where you register and request a copy of your tier assignment letter. The letters have been available in a government only database called CSAR (California Sex Offense and Arson Registry) since January 1, 2021.

Last edited 19 days ago by Janice Bellucci

Something tells me the CA list is about to get a lot darker after July. I see a list of black and brown photos disproportionately taking the lead on the website. Look at the rioter was claimed police were ‘protecting pedophiles’ as he stormed the Capitol Building on Jan 6th who had an arrest in CA for statuary rape of a minor in 2010 and is not listed on the CA website. Why is that? Some laws apply to a few that don’t apply to others. The tiered system is going to be a scam to set some free of this curse while the usual suspects remain. Some get a slap on the wrist, while others get slammed.

“…who had an arrest in CA for statuary rape of a minor in 2010 and is not listed on the CA website.”

Did he just have an arrest without a conviction?

“Some laws apply to a few that don’t apply to others.”

Please tell me you’re not suggesting they put people on the registry just because of an arrest with no conviction!!!!!!!!!

According to news articles, he had an arrest, was convicted, served time and given three years probation. This is internet news. Search ‘capitol rioter and sex arrest’ to see what shows up about this guy from Auburn CA. There are several news articles and one from a Bay Area tv station.

Will ACSOL or CASOMB be tracking all the people who attempt to get off the registry? That way we can see the success rate or denied rate from the state and county levels. Also, see the reason why a person was denied from relief, aside from not being able to qualify for relief.

We could also track for the equality judgement per registerable offense.

It’s just a thought to help make sure that all registrants are treated equally from county to county, per registerable offense, in case there are some registrants who are denied or delayed justice.

Oh, also, track the time between submitting a petition to a court date as well as time from being granted relief at that court date to being taken off the DOJ registry.

Again, Janice, Chance, and all of ACSOL, thank you very much for all you do!

Tracking data at this point going forward is a great idea, very useful, and is a must. We are a data driven world now more than ever. This info is key to getting refinements done in the future. There will be doubters of the data but those who are ignorant of it are just sheep in wolf’s clothing.

Good luck and grats to everyone that can get off this bs, keep your head clean and remember if you do get off some states have laws that will put you back on if you cross into state line. keep your vacation money out of their states. I stick to my own state for fear of messing up somewhere just by entering, maybe being to cautions but done is done, never catch me on this bs again.

Freedom isn’t freedom until we’re all free. The tiered registry does more harm than help by giving a false sense of progress. While some have a chance of being removed from the registry with the tiered registry, more are losing the opportunity as removal with a CoR is no longer possible.

The tiered registry is groundbreaking, and many will benefit. The problem lies in it will make it harder on tier 2 and 3 price club members, because so much political time and money has been spent they cannot go back and say “oh we made a huge mistake”. The law change making CP offenses go to tiers 2 and 3 was the first example of whoevers left on the registry is going to suffer. They can say we really got the bad guys now!

I’m lost about the losing opportunity part with the CoR.

The tiered registry replaces the CoR for removal. Not many people are eligible for 1203.4, which was the first step to get the CoR pre-tiered law 2021. Even those who do earn the 1203.4, there are some who are not eligible for the CoR pre-tiered law 2021. Pre-tiered law 2021, there were those who could get off the registry via the CoR and no one else. With the tiered law 2021, there are more opportunities to get off the registry.

Now that to get off the registry is a separate process from the CoR, ACSOL can dissect the tiered law to chip away at it more and more. They can challenge tier designations to improve the term status of registrants. ACSOL can go after the terms of the tiers so that there isn’t a lifetime term because of Dr. Hanson’s research work stating 17-years is the maximum term of supervision. Also, allowing those who earn a 1203.4 to get off the registry once successfully completed instead of waiting for the 10-year term.

With more and more studies coming out, ACSOL gains more weaponry to improve more registrants to qualify or reduce their terms.

Also, now there are set terms, ACSOL can look into the fact the state can add an extra year or more on the set term can probably be seen as punitive or double jeopardy.

The state admitted they were wrong on having a lifetime term only by going with a tiered registry. The state already admitted they were wrong on presence and residency restrictions. Now that ACSOL has shown the state is fallible, ACSOL can continue to point out other mistakes within the registry.

I filed a COR in 09/20. 2 delays. If you read the new tier law in detail/towards the end, it discusses how a COR will still (if granted) remove certain registrants from the registry until June 31st/2021. Otherwise, as of July 1st, it won’t. You can still apply for one, but it won’t remove you from the registry. Plus, whatever you where convicted of, must have been expunged. I was granted one in April and I’m off. It’s almost surreal. You obtain a copy via mail and bold letters state: no longer – you get the point. Thereafter, the DOJ sends a letter and its an automatic application for a pardon as well. Best of luck

As you stated Janice, it’s not perfect but so much better than what we had. Thank you so much for all of your hard work!

How many are waking up today realizing they have nothing to lose and that has been the status quo for years, maybe decades? I suspect this is true even for thousands who are able to petition for removal. Too little, too late. At what cost freedom?

As the old song goes, “Freedom is just another word for nothing left to lose.”

Last edited 1 month ago by Ditto

While “independence for some” rings with ‘solidarity’ It carries the message that if there aren’t enough life boats, no one should be in one.

Even before the tiered registry some offenses allowed a process for a certificate of rehabilitation while others, like mine, explicitly were denied that path. There were no legal procedings, no cries of unfair. We trudged on.

Last edited 28 days ago by bruce Ferrell

We gotta utilize the few lifeboats we got if we don’t send for help nobody’s gonna know were stuck out here dieing.

Can someone answer me this? Does the clock start from date of conviction or date of release? Thank you.

JC – My understanding is that if you went to prison or jail, it starts from the day you were released from prison or jail to be placed on either parole or probation. If you received probation only, it starts from the day you were sentenced to probation. I hope others can confirm or correct this.

Probation can include up to a year in county jail. For whatever reason, they don’t count the jail time the way they do prison time. For everything that I’ve seen, the clock starts at sentencing for those sentenced to probation, whether or not that includes time in county jail.

I think I have a reason behind why being sent to jail as a condition of probation doesn’t count like going straight to prison or straight to county jail without probation.

I thought I had a misdemeanor charge because I was sent to county jail, but a lawyer told me that going to county jail was part of probation. That’s the crux. If you were sent to county jail, then it’s by all intents and purposes a misdemeanor as per 17B.

17.  

(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

A felony is a crime that is:

  1. punishable by death
  2. sent to state prison
  3. sent to state prison, but due to overcrowding was sent to county jail

Anything outside of that is a misdemeanor.

17.  

(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:

  • (1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.
  • (2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.
  • (3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

17(b)(1) states anything that doesn’t send you to state prison is a misdemeanor.

17(b)(3) states that if the court gives you probation, then the court can identify it as a misdemeanor at sentencing or after probation is completed and petitioned for the reduction.

By putting jail time inside of probation, it is technically not jail time in the truest sense because 17(b)(1) would have made it a misdemeanor on the spot. You’re not under custody while on probation. You’re on your own to test if you can prove your worth on your own under the probationary term length. It just so happens the DA can slip county jail time as a part of probation, which really is disingenuous. You’re not on your own accord when you’re in county jail for probation. Someone should sue for the melding of two different processes as it conflicts with the purpose of probation.

That’s why the clock starts at the sentencing date when given probation.

It depends to what you were sentenced to.

If your sentence was to probation, even if it included time in the county jail, the clock starts at the date of conviction.

If your sentence was to prison, then the clock starts ticking from the date of your release from behind bars ON TO parole.

Date of release including for those sentenced to county jail with probation.

Congrats to the ones able to petition off the registry. You made it. My prayers go out to the tiered 3’s we are all in this together!! We truly reflect upon one another. If any person reflects upon another person it is this group!! Thank you Janice and company for what you guys do for us! And thank you for this platform so we can try to encourage eachother! I hope I can petition in March. It will be 25 years of public ridicule and I’m a tier two. My only fear as that I or some of us will let our guard down bc the longer we get from registering the less it will be in our minds. We don’t have to reoffend to get thrown in jail now. That’s all that has to happen is for someone to mistakenly accuse us of wrong doing. This is already on our record. Complacency is our enemy so we have to keep our guard up. We all know it is possible to offend so put yourself in position to not offend. It’s the people who have not offended that are able to offend bc they don’t know its possible for anyone to offend. Since we know it is possible we have got to put ourselves in position to be successful and not reoffend. I don’t know if I’m making any sense. I want to thank every one of you men and women for helping me get through the hard days!!

what’s needed is to make a run at making these removals Federally recognized because this still makes us effectively imprisoned within the state borders after removal.

CONGRATS! Janice, this was your One Hundreth J Journal Entry!
100, that’s alot for a Volunteer leading the way and caring enough about others, Christlike, that comments and pays attention to bad media and news for our sake.

THANK YOU MS. BELLUCCI for all your comments, responses, replies and a personal JOURNAL We can all Read at our leisure! We appreciate your leadership, candor and thoughtfulness!

Do you ever feel like you are never getting ahead? When we first got involved with the registry, it was very frightening. I was not aware of how it worked, or what all the laws were about. He had to register once a year, and it was always nerve wrecking. Weeks prior to his registration, I suffer from panic attacks. I always go with him because it puts me more at ease, knowing and being part of the process. Every year, the day passes, and I can breathe a sigh of relief. A few times, we had compliance checks in between, and I know now that these are not mandated by any law, and I have called them out on it each time. I was courteous and nice to whoever I spoke to, and I received positive responses. Still, it takes me several takes to pick up the phone to call, but I can’t just sit here and let them think it’s ok. I know, they will still come for these checks, but it helps to know one’s rights. I have never had anything to do with Law Enforcement, but they do intimate me. Not because they are LE but because I know they can make your life miserable if they wanted to. It makes me angry since abusing one’s power should never be allowed, and they should be held responsible if they did. Back to my first sentence. We have been dealing with the registry for a long time, and I never supported it. It is unconstitutional, and if nothing else, a complete violation of human rights. We could deal with the annual registration, but we can’t and don’t want to deal with all the restrictions it comes with. We can’t even travel without fear of not knowing the law in a particular State. It’s not like the laws are uniform across the board. They vary from State to State, County to County. We are stripped of our right to travel peacefully. Now, we have the Tiered Registry, which seemed like a good idea for some. We have received the short straw with this new law, but we are still in the process of fighting it. He got assigned a Tier 3 based on the Static 99R that was never done to the best of our knowledge. He received a suspended sentence with probation and completed probation without an incident. His offense dates back to 2013. A Static 99R for those receiving probation would have had to be done pre-sentencing. Well, it was not done per our attorney and the former probation officer (I called both). I have been in touch with attorneys, and nobody seems to know how to challenge this Tier, which I believe has to be incorrect. This is why I feel like I can’t get ahead. For anything else, I can solve problems that arise, but when it comes to the DOJ, it seems like they are just not approachable. We really need to move forward with this, and I have all the supporting documents, supporting our case. Why is it so hard to correct a wrongdoing by the DOJ. The Static 99R was mandated for sentencing purposes since 2006, but some are not eligible to be scored. My fiance got sentenced in 2014, so if mandated, he should have received the Static 99R for sure, but he didn’t. My guess is he was not eligible to be scored, so he would not be eligible just for the Tier designation either. The DOJ can’t just arbitrarily assign scores at will. Plus, it would have to be done by a trained SARATSO scorer. Any advice is highly appreciated. He was never publicly listed, and he did not even fall into the “Exclusion” category. He was in the “Non Disclosed” category that, by law, can not be publicly listed. Thanks for “listening” and reading.

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