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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?

Yes, more information will be posted as soon as it is available.

I went 1 week after my b-day to get petition forms my b-day is the 31st of July, 24 years, I went home filled everything out, the next week I went to courthouse to turn them in, clerk was confused & didn’t really know, clerk than gave me public defenders # *office* clerk stated that *public defenders* are handling petition forms.public defender *took a copy *waiting* I also inquired about that reduction from felony to misdemeanor or anything but that felony. I’m not sure if it was a type of petition or request or another law allowing, so now waiting for something in the mail *GOOD LUCK TO ALL*

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.

Yes, local officials can and do add more requirements to any/all processes and filings. It’s called “Local Rules” and each county has its own. What may be acceptable in one county may not be in another. Know your county’s local rules. The link below has a list of all counties that link to their local rules pages.
https://www.courts.ca.gov/6168.htm

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

Regardless of who files the petition (registrant or attorney), a petition cannot be filed until the person’s first birthday on or after July 1, 2021. That assumes, of course, that the person is eligible to petition.

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…

The public defenders office is correct. Registrants who are otherwise eligible to petition for removal must wait until their first birthday on or after July 1, 2021, to petition for removal from the registry. When a petition is filed, it is not known if the process will be simple or complex. That is because the District Attorney has not yet recommended to the judge whether to grant the petition or conduct a hearing. IF there is a hearing, evidence will be presented and therefore it is highly recommended that a registrant hire an attorney to assist them.

Doesn’t this process fall into the ” category of process “… “associated with criminal justice system” identified by the majority, as a missing aspect from the intent phase of the “two part test” used in Smith V.?
In short because state hadn’t necessitated a process associated with criminal justice system process made clear the non contemplated punitive intent in congress behind the Act. This fact, according to the majority in DOE, augmented the civil declaration in preamble.
That was Scalia making that point.

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 .

You have asked several important questions, Cancel Culture. Here are answers to those questions. First, the Tiered Registry Law does not prohibit a person whose tier has not been assigned to petition for removal from the registry. Therefore, I have decided to file petitions for individuals whose tiers have not yet been assigned IF I believe they are eligible. Second, it is not necessary to have a risk level score in order to file a petition. Third, the fact that you have been granted a certificate of rehabilitation (COR) will not be relevant unless and until there is a hearing about your petition. Finally, it is likely that your tier has not been assigned because you were convicted so long ago. Many people who were convicted long ago have received letters stating their tier has not yet been assigned.

May I ask a follow-up question? I have contacted my local sheriff’s department about this new form CJIS 8050. At first, they had no idea about this form, she was going to check with their main office, headquarters. Although she is not a supervisor or ranking member, the lady employee that handles 290 registration and renewal said that I had to wait one year, next time in July when I go to renew to get this form completed. Further, they would not issue now because it says TBD. I understand your explanation above. Nevertheless, I downloaded this form filled it out myself and they, sheriff’s office, still says that I have to wait one year or until my tier designation is determined. Any suggestion, try again?

I was convicted in Feb 1989 and my tier was assigned as tier 2. My birthday was August 2nd and i was contacted by the public defenders office “fresh start” program. I had already filled out the petition forms and make copies of every thing required, tier assignment, proof of registeration etc in triplicate. Thay said everything looks great and all the paperwork has been distributed to the sheriff, the DA and the court. Now I wait.

Awesome Trapped. Good Luck!

@janice . Thank you for answering my questions. I will contact you in 2022 come April regarding my petition should my TBD assignment remain the same by then . However, I’m hopeful for an assignment @ tier 2 otherwise and even then , I will be contacting you in April of 2022 😉 thank you

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

I thought LE had 2 months to process petition and 1 month to give results? It

seems like they are not prepared is there anything we can do to as a result? A lot of

people are moving to be in a better county just to get the petition granted this is no

joke.

Probably zero sex offenders.

But a lot of scumbag cops.

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?

I have been in contact with this Lawyer in the Public Defender Office
Dylan Ford
Appellate Department
Los Angeles County Public Defender
590 Hall of Records
320 West Temple Street
Los Angeles, California 90012
Tel.: 213.974.2874
Fax: 213.626.3519
Email: dford@pubdef.lacounty.gov

Please call ACSOL for a recommendation at (818) 305-5984.

I called. Left a messege. No call back yet

ACSOL attempts to return calls within 24 hours. If that doesn’t happen, please call again at (818) 305-5984. Thank you.

Have not received a call but will try again. I got q call from a private who told me i was not eligible beacuse the ten years start after your probation ends. Is this true?

No. It’s from the date of release from custody. Contact you local Public Defender.

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?

Check out the ACSOL training video at the top of the home page.

Petitions must be filed with the Superior Court in the county where you currently reside. After petition is filed, you must send copies to both the DA’s office and the local law enforcement office where you register. If you were convicted in a different county than where you currently reside, you must also send copies of your petition to the DA’s office in that county as well as the local law enforcement office where you formerly registered.

Thanx Janice very helpful any word how city of San Bernardino are riverside is treating these ?

I have not received any word yet from City of San Bernardino. Has anyone else?

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