Prior to viewing the training, it is recommended that you review the forms below, including the petition form as well as the forms to be completed by the District Attorney offices as well as judges:
Petition – Instructions – July 2021
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Has anyone had any success in challenging their Tier designation via the DOJ phone number or email address included in the Tier letter? Any experience at all for anything using those methods?
My husband is a Tier 3 but he is optomistic that many Tier 3s will be able to petition for removal from the registery in the future. However, he talked to someone who is a Tier 2 petitioner that the DA objected to based on a police report that makes the facts seem much worse than the plea of conviction.
So with a little reserch I found this.
(3) If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available. Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant.
No one seems to know what this procedure will mean. Near as I can tell it is like a California prop 47 petition to lower a felony to a misdemeanor but I’m far from a lawyer.
Have any of you studied this?
I filed my petition today and I am doing it without an attorney. My experience nearly everyone including the court, DA and the PD knows nothing about this law. My advice to those whom that are doing it on their own is to be fully informed about this process as you maybe only one knows what is going on.
Does anyone know who is Ashley Meek? I received a letter from her, and she is a legal document assistant from Los Angeles. She supposed to prepare 290 removal documents for $995. I do not need this because I have done my own and it already filed and about 3 months in the pipeline. It appears she used the Megan list to get address for her mailings.
I register in Riverside County, but initially got into trouble in LA County 18 years ago. In tier 1, just went through the process of terminating registration. Filled out the forms, served all who needed to be served. Everything went through smoothly. Thank you Janice! Thank you Chance!
Unfortunately I’m a Tier 3 with :
311.1A Misdemeanor
311.2D Felony
288.2(B) Felony
No contact offense. 21 years ago. I have no off-ramp at this time. Hoping someday before I’m dead I will be able to get off this outrageous BS!
Hello Everyone
Can anyone here be kind enough to recommend an attorney to terminate my registration here in Alameda County Ca? Tier 1 misdemeanor expunged
Called a few here, but they could not even tell me how many of these they have done, how long it took or if they were successful asking $2,995 to $6,500. Will to pay 3k if they are trustworthy.
thank you so very much
To Liz and others – When the DA objects to an individual’s petition and asks the court to require the individual to continue registering in order to significantly enhance community safety, there is a hearing on the merits regarding the DA’s request. Prior to the hearing, both the registrant’s attorney and the DA’s office prepare and file lengthy briefs supporting their position. It is possible that a judge will take testimony during the hearing, but it is unlikely because the original case is not to be relitigated. I have been through this entire process once on behalf of an individual convicted of PC 288(a) which is a Tier 2 offense. The DA’s office in that case argued that the offense for which he was charged, but not convicted, should determine his tier assignment which of course would have been Tier 3. The judge denied the DA’s request and stated that the DA did not meet his burden of proof. As a result, my client is no longer required to register.
I filed my petition CR-415 (with Proof of Registration) with the clerk for the LA County Superior Court at the Norwalk Courthouse (Criminal Division) on 9/25/2023.
I prepare 4 copies of the Court stamped CR-415 (with Proof of Registration) and mailed those via Certified Mail (with Return Receipts) to the PD and DA of the current registration County and Sheriff and DA of the county of offense.
Filed and Received a stamped (filed) copy of the CR-416 Proof of Service on 09/27/2023 and started the waiting game.
The court has an online case status gizmo., so I was able to monitor the proceedings somewhat. Two mystery “Docket line entries” on 9/29/2023. And, “DA Response Filed” on 11/06/2023.
After the 60 response period, the status the proceedings was changed to “Proceedings Heard”.
Today I received a “Minute Order” from the court stating “Nature of proceedings: Non-Appearance Hearing…”. And then the following…
The Court Summarily Denies the petition pursuant to pc sec 290.5. Petition has not fulfilled the filing and service requirements of pc sec 290.5 because: No CSAR has been submitted to the Court.
Further…
The requires the CSAR report for the Court to know if (b) has been satisfied as well as (c), (e) or (f). Petition may be re-submitted once additional information is submitted.
????
What is CSAR and how do I get one ?
Does “Petition may be re-submitted…” mean file a CSAR to the Case via the Clerk or start the petition process all over again?
Let the New Year begin !
Has there been a tier 1 that was denied.