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CA: Number of Petitions Granted Continues to Grow

Source: ACSOL

Contra Costa County today granted the first petition under its consideration.  The petition was submitted on behalf of a registrant convicted of PC 288(a) about 25 years ago who had successfully registered for more than 20 years. 

Prior to today’s hearing, the relevant registration office determined that the registrant was eligible to submit his petition.  During today’s hearing, the District Attorney’s office stated it had no objection to the petition being granted.

“Today was a great day not only for the registrant whose requirement to register has been terminated, but also for the Tiered Registry Law,” stated ACSOL Executive Director Janice Bellucci who represented the registrant in court.  “Contra Costa county demonstrated that it could and would follow the requirements of that law.”

It has been reported that petitions have also been granted by judges in two separate court houses in Los Angeles County as well as in San Diego.  According to attorney Michele Kumaus, the San Diego Public Defenders office has filed at least 60 petitions and more than 20 of them have been granted.  

 

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My submission came back denied because my tier is TBD. This was in LA County, Pomona court. My plea was 288a(b)(1) which has since changed to 288A. It has been well past the 10 year mark,actually 15 years as I belive this is a tier 1 offense.
On my denial letter the check mark was summary denial due to TBD tier which doesnt seem legal as I thought TBD can still apply.

Is the tired registry only good if you crime was in California?

Congratulations to the newly minted NON-Registrant!!! 👏🏻🤗😃
Great work, Janice!
⭐ One starfish at a time…..it matters to each one!! ⭐

My birthday is December 30, can I start filing now or do I have to wait after my birthday? I live in Siskiyou County. I am planning filing without a lawyer.

Congrats on those who finished. Next fight, being able to visit another state without having to register again! Which I heard a couple of registrants who got removed in their states are fighting Florida right now for Florida keeping them registered even though they’ve been removed.

Can an out of state offender, who no longer is required to register in the state of conviction, but who still meets the requirements to register in California, petition for removal of the requirement to register? I was wondering if this could be done without having to actually register in California.

The offense for which I had to register was determined by the CA appeals court in San Nicolas v. Harris, 7 Cal.App.5th 41, 212 Cal.Rptr.3d 279 (Cal. App. 2016) to require registration in CA. I always thought this was wrongly decided, but it was never appealed to the State Supreme Court it appeared to me. Anyway, wondering what people thought about out-of-state folks petitioning.

Any word on how it’s going in ORANGE COUNTY?
Does the DA’s office there seem to be open to considering each case individually or just rejecting them out of hand pro-forma?

Okay, I filed my petition on September 10th. The Sheriff’s Department responded to my petition on September 23rd. My reading of the law says that the District Attorney’s office then has 60 days to respond after the Sheriff’s Department’s response, but it has now been 73 days and nothing has happened. Doesn’t that make the District Attorney’s office in violation? Or, does everyone just do whatever they please and ignore the laws, as usual?

This seems like the best place right now to try to get an answer. Previously asked this and didn’t get the right response, unfortunately. Convicted in CA, 2009, of PC 664/288(a), Tier II. May be moving to NV. By moving, would I have to register longer than CA, regardless of state? Is it possible that I would make matters worse by moving out of state?

Impactful to the lives of many lower level SO’s. Many, like me, have learned lessons & want to return to their previous peaceful lives.

Here I am a tier 3 as they classified me in VA and petitioned I for a pardon. Well they gave me some rights back to vote and use of a notary seal but still on probation. Said that the President can only give executive clemency, While a pardon is one type of clemency it was news to me. Course this registry is strange in many ways. that was a year or so ago. Even believe I sent a copy of the paper to Janice.

I received my COR last year/I’m off the registry. I’m reading some questions. I imagine if you get your charges expunged and your request to get off the registry, you should be good to go. I don’t think I would (if you move out of state) to the local police station and ask questions? Obviously, the state/court that requires you to register should also be able to de register. After my COR, I was registering in 2 hint counties. I called the 2 departments and LB was confused? Oh, how did you get off already? Yeah, it says you no longer register? Call my supervisor later? BS. I called OC. The admin accessed her (no clue) agencies website. Congrats- it states you (I forget the term she used) are ordered to no longer register! No LE (officers/or compliance individuals) have ever called or contacted me via telephone or mail! Both the DOJ and (expunged misdemeanor)/ July 1st 2021 deadline) and the department of prisons and parole board contacted me via mail – it’s an automatic pardon app. I updated my passport (renewed) 2 months later- travelled Internationally – no issues!

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