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California

Placer County Grants Registrant’s Petition for Removal from Registry

Placer County Superior Court today granted a registrant’s petition for removal from the registry.  It is believed to be the first petition granted in that court and possibly in all of northern California.  The registrant was convicted of a federal child pornography offense (18 USC 2252(a)(4)(B)) in 2004.

The petition was granted after the registrant received a letter assigning him to Tier 1 under the Tiered Registry Law.  He filed a petition on his own behalf and the Placer County District Attorney did not object to that petition.  The final step in the removal process is receipt of a letter from the California Department of Justice stating that the registrant is no longer required to register.  

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Fantastic! Glad to hear they were able to self-file without any pushback or issue. Here’s hoping to most being able to do the same

I thought all child porn cases were a tier 3? Or is Federal convictions different?

CP is a sort of Wobbler. If you weren’t sent to prison as part of your sentence, you may try for a 17b reduction. If granted, you’ll be tier 1.

Would like to get more info on this. I had mine reduced to misdemeanor served no prison time but still got tier 3 on letter.

My conviction was federal as well, poss CP in 2004. However, last I checked I was still “undetermined.” I guess there is hope after all.

I recently had seen another post on one of the Tiered Registry threads that someone with a federal CP charge received a Tier 1 designation. Curious if this is the same person. I have the exact same charge (2013) and just got my tier letter yesterday with a Tier 3 designation. Perhaps the sentence plays some role in determining the federal cases, although I received no prison time and still ended up Tier 3, so who knows how the DOJ is interpreting it?

I think it comes down to if you have a Felony or Misdemeanor. Felony CP is Tier 3. Misdemeanor is Tier 1. This person either started of with the misdemeanor or had it reduced to one.

Possibly. I’m not sure if 2252(a)(4)(B) was only a misdemeanor in 2004. I’d have to look into the history of when the feds really started cracking down on CP charges with more severe sentencing. It may have been around this time if I remember correctly.

Same boat. I hope you have good luck. I too wonder if we can argue a comparison to state law at the time of our federal sentencing.

My layman’s knowledge is that basically everything prosecuted by the Federal Courts is a felony. There is no misdemeanor possession of CP in the federal system nor is there an avenue to petition for reduction. At the state level, it’s a wobbler. In my case, my atty attempted to persuade the feds to turn the case over to the state but they refused, knowing the state at that time was likely to choose misdemeanor and perhaps only probation. So far my tier is TBD but it is uplifting to hear of some Tier 1 assignments and relief even for TBD status.

California treats out-of-state and federal convictions as though they had violated a comparable California law. Before passage of Prop. 83 in 2006, possession of illegal images was a misdemeanor under California law. Someone convicted of a felony offense of possession of illegal images in another jurisdiction would have been deemed to have committed what was a misdemeanor under California law.

SB 386 oddly distinguished “convicted of a felony violation of Section 311.1 or 311.11.” As there was no felony 311.11 before Prop. 83, a federal conviction for illegal images before Prop. 83 would have been an equivalent to a misdemeanor 311.11 charge.  

Thanks JamesA, that makes some sense in how it may have been interpreted. Curious then if prior to 2015 when 311.11 was considered a wobbler, could someone with an out of state or fed felony charge possibly argue that the comparable California law at the time of conviction would have allowed for a 17b reduction if the sentence did not include prison time, thus resulting in a Tier 1 designation.

How did this fellow get a Tier 1 assessment with a child pornography charge? I thought that was Tier 3, which I know full well unfortunately.

It depends on the totality of circumstances; how much you had (5 pics vs. 500 with maybe a video library thrown in) and what you were doing with the it (personal use or trading it around/distribution) and how you acquired it, if they can prove that, as to whether or not it’s a felony or misdemeanor.

California treats out-of-state and federal convictions as though they had violated a comparable California law. Before passage of Prop. 83 in 2006, possession of illegal images was a misdemeanor under California law. Someone convicted of a felony offense of possession of illegal images in another jurisdiction would have been deemed to have committed what was a misdemeanor under California law.
SB 386 oddly distinguished “convicted of a felony violation of Section 311.1 or 311.11.” As there was no felony 311.11 before Prop. 83, a federal conviction for illegal images before Prop. 83 would have been an equivalent to a misdemeanor 311.11 charge.  

I filed Mine on September 24th I haven’t heard anything yet

The police have 60 days to reply to the DA and the DA has 60 days past that to respond, so it could take 4 months.

After the police (local law enforcement) and the DA make their recommendations to the court, the court has as long as it wants to make a decision. I tell my clients to expect a decision 6 months or longer after their petition is filed.

I filled mine July 30th. 3 months & counting, nothing so far.

What county?

I may very well be the first in California to be granted a petition with a TBD status according to Chance. Such amazing news. 27 years on this wretched system.

san Bernardino ca.

Are there any , others getting off the registery ? I would have thought , by now there would have bee many .

Doug, I did. My petition was granted last week.

Hi Benny, When did you file and what county?

SteveD, I petitioned in July, a hearing was set for Nov last week. Represented by Chance. Went in on a TBD category, DA and the Judge agreed I should be a tier 1 based on my offense and the judge had no problems with granting it. LA county.

Benny, thanks for the updates. Sometime it can depend on the judge too. Which judge ruled in your favor?

Last edited 6 days ago by Ditto

Contra Costa DA does not agree with Los Angeles DA and is objecting to petitions filed by individuals whose tier has not yet been determined. In fact, Contra Costa DA is recommending to the court that such petitions be summarily denied which means no hearing.

@Doug you would think so , right .

ACSOL is likely not aware of all the terminations of registration, so we cannot accurately assess the numbers.

Congratulations to everyone who is getting their Petition for removal granted by a judge, especially those that are still listed in the TBD designation. I am being told by the San Bernardino County Public Defender’s office that the San Bernardino County courts will not consider anyone for removal who’s tier designation is still TBD. I am having great difficulty dealing with the sheriff’s station employee assigned to handle local registrants. She is not cooperative and totally refuses to give you a CJIS 8050, proof of registration, with a TBD listed. She totally refuses to be helpful and comes across aggressively, rudely & uncooperative in my community. Good luck to all. Once we are removed from registration, I truly hope that SORNA will not be approved and reverses all this on us. Keep writing, phone calls and on-line communications requesting the US DOJ to reject the proposed SORNA regulations. Please get your family and friends to call also. Every call helps.

I hope this is not the case for San Bernardino Co. I am a TBD and I am going to try to get off this registry. I thought they had to here it regardless if it’s a TBD anyway, I thought Janice made that clear that she went to Sacramento and ask them to consider TBD to be Considered by judge .

Question has probably already been answered but is it possible to petition for your tier assignment to be re-evaluated/reduced. Tier 3. California. 4 year prison sentence.

to be honest ask that question in 25 years. 4 years is way too soon.

I am very happy to see another tier 1 get off the registry, I am in Michigan and a tier 1 who had a CP charge. Maybe I am a one because it says ” one count ” on my charge. I don’t know why I am designated a tier 1 but I am very happy, of course. Hopefully this will answer why some CP charge are Tier 1. I look forward to being removed from the registry any moment, so far I have not been asked to appear in front of a judge. In Michigan, I am hoping for a lenient attitude and opposition to the punishment of the registry. Thanks to the efforts of Janice and Chance, we are all benefiting. Wish me luck towards the removal.

Question. If the new proposed DOJ rules are approved by AG Garland, will he be required to register under federal law? Even if he stays in the state of California, he is subject to federal jurisdiction due to the conviction.

The California law only affects California registration requirements. Anyone moving to or visiting another state would still be bound by the laws of that state. Federal law grants automatic termination for certain offenses after certain periods.

I know it may still be kind of early, but maybe a section/article dealing with petition to date throughout the state to give us an idea how this is going in different areas.

Also, my conviction was a 2004 misdemeanor as well (not even qualified to be put on the Megan’s Law website) and I still have no tier notification from DOJ.

During its meeting last week, the CA Sex Offender Management Board stated that it will include in its annual report a list of all petitions filed by county. The report is expected to be available in mid-January 2022. If that occurs, ACSOL will write an article about the report and post a copy of that report on this website.

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