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CaliforniaJanice's Journal

Janice’s Journal: Uneven Results in Beginning of Petitioning Process

[ACSOL]

The petitioning process under the Tiered Registry Law has begun.  A quick look at the first 60 days of the process shows uneven results.

The best news is that two petitions have already been granted.  Both petitions were filed in San Diego County and both petitions did not trigger an objection from the county’s District Attorney.

The good news is that court personnel and other government officials at most locations are trying to help registrants who file their own petitions as well as attorneys who file petitions for their clients.  This help has even come in the form of phone calls meant to iron out wrinkles in the petitioning process.

The bad news is that there are other government officials who are creating new requirements that are not included in the Tiered Registry Law.  For example, one county official required a registrant to obtain a state government form to prove that he is currently registered even though he was provided a different form when he registered.  Another county required a “wet” signature on the petition form.  These government requirements can be viewed as minor hiccups that are necessary in order to clarify a process that is complex.

The truly bad news is that there are legal professionals making claims regarding the petitioning process upon which they cannot deliver.  For example, it is reported that an attorney in Los Angeles county is promising registrants assigned to Tier 3, the highest tier which requires lifetime registration, that he can — for a fee of $60,000 — change their tier assignment to a lower tier and make the registrant eligible to petition for removal from the registry.

This is a hollow promise.  That is because there is no mechanism available at this time that allows an attorney or anyone else to obtain relief for a person who has been correctly assigned to Tier 3 with only one exception.  That is because tier assignments are based, in large part, upon the offense for which a person has been convicted and that fact cannot be changed.  The only exception is limited to individuals who can meet the following stringent criteria: their tier assignment is based only on a risk-level assessment, they have registered for at least 20 years, they have not been convicted of a new sex offense, and they have not been convicted of a serious offense of any kind.

What are the lessons to learn from the beginning of the petitioning process?  Be patient, lower your expectations and beware of legal professionals who not only claim they can help you achieve the impossible but also charge you exorbitant fees.

 

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This is great news that two petitions have already been granted!
Could we get more information, such as were the petitions handled by an attorney, or were the registrants able to handle it by themselves?

Those officials who are requiring more than what the law says is necessary to petition need to be referred to the CA AG through a complaint which will investigated as well as the constituents local state elected officials possibly could be notified as well for help in getting the CA AG to assist. I don’t believe the local officials can legally add more requirements to the process than what the law says.

I started to do my paperwork in late June Is with the public defender I finally got a letter back From them And some papers to fill out and return A week ago Said I’m qualified to Petition for relief But I have to wait until after my birthday in late September and register and show proof of registration on that day After that it should take about 3 months

The lesson is that civil methods are failing, so un-civil methods will soon be necessary to demonstrate to these fascists that we mean business. Smash their sanctimonious pride and fill them with regret.

Filed my petition last month. Got hold of the public defenders office here in Santa Clara County. Filled out a form he provided and emailed it back to him. He told me I have to wait until November (when I register annually) and send him a copy of my registration for 2021. It feels too easy. Wonder if I’m missing a step or something…

I would like to here when the first successful petition is granted that has a designation TBD. Thx

Janice what about the offenders that their tier assignment is TBD ? Does having a tier assignment TBD based on the risk level? I’ve been registering for 25 years my conviction code 220 pc and 261 (a) 2 and I have a COR on file . I’ve had that COR for 12 years and apparently , I can’t be removed unless I have a pardon . My tier assignment came back as TBD . Can I petition for removal come April of next year , which is my birthday month ? Moreover, I was convicted in 93’ and have no risk level score how would this petition work for me ? I’m sure there are more people out there in the same situation, please advice ma’am .

Tim I hate to say this but seems like many of you all are angry. Either over the penalty phase, this tier system, and many other factors that go along with this registry. Heck I never went to prison but I am still angry even with my probation. Sure we can all be angry but try not to sin, don’t let the angry go down upon you wrath. And by all means… Nothing worse than a woman scorned.

And I’ve even seen some women that could do some hurt’n on ya. Remember those “skid marks”.

I contacted the Long Beach public defenders office yesterday, they said their still in the process of training because the law was so new, to come back in 3 or 4 months, so I’m just gonna wait till my next birthday to file my petition.
Today I was driving north on the 710 freeway and I saw LAPD and the health department with a bulldozer tearing down and removing homeless encampments on the side of the freeway, as I was passing by I saw people hand cuffed being placed in back of a Paddy Wagon I thought to myself how many of them are sex offenders.

Good luck

Does amyone know any attorneys private or public that can help with the process in los angeles? I have been shopping for one and most are so random with prices. I have been qouted as low as 2500 to a high 15000. This is just insane. Anybody have any recommendations?

Have a 288a riverside county 1988, been given a tier 2 assigment. Question: where do I submit paperwork for removal. I have lived in san bernardino last 20 years. Do I petion Riv City or San Bernardino? ,,,,, Also, any results given for Riv DA Object removal application?

Bump.

Just wanted to know how the process is after an additional 30 days have passed. Will there be another article on the update?

Thanks very much! Represent well, ACSOL!

Good Day All,

I filed my paparwork with the county of my conviction, not the current county where I reside, the local Police Dectective said they keep a file of the paperwork. The have no where to send and she doesnt understand why the make the 290’s jump through hoops to get the process completed. She said as long as I file in the courrent county and local Police station where I register than the process will proceed as normal. I live in Los Angeles couty and my crime happened in San bernardino county. Good luck to everyone as I filed 2 weeks ago.

Curious that I was assigned to Tier 3 by the DOJ based on 664/288(a) and 664/288.2(B). Sentence was 5 years probation, and received record clearance with no other offences. I believe that the DOJ just looked at this as a straight 288.
My question is can I petition the court to put me in a lower tier? Any comments are appreciated.

I thought it was possible to change a tier assignment if the offense was a wobbler as in 311.11a. I have a friend who was charged with felony 311.11a but only given 6 months in county jail (served 3 months of that sentence and was released on 5 years probation). He was put into Tier 3 and his lawyer is trying to get it changed to Tier 1. He was convicted in early 2018 so has been on the registry for nearly 5 years already. It seems like there is a lot of confusion about tier re-assignment. He was never in trouble with the law before, served all probation requirements, did everything asked of him with no infractions, etc. etc. And above all, did not serve state prison time, but only county jail. I have asked this question several times on this forum in various other areas, and gotten confusing or conflicting information about 311.11a tier assignment. Can Janice clarify on this point? Thanks!

Just found out we are a Tier 1!!! Because it was a federal CP charge we thought for sure it would be a Tier 3. We have lifetime supervision which we are trying to get off of now. If that happens does anyone know if we can petition to get off the hit list (completed jail time 13 years ago, birthday is April)? The clock starts at the end of your jail time, correct? It doesn’t start after you get released from supervision? Also, has anyone heard of someone getting released from Orange County, CA? I know Janice has said it’s pretty hard if not impossible.

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