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.
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?
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.
I filed Mine on September 24th I haven’t heard anything yet
I filled mine July 30th. 3 months & counting, nothing so far.
Are there any , others getting off the registery ? I would have thought , by now there would have bee many .
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.
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.
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.
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.