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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.

In many counties, the DA’s office is recommending summary denial of a petition if the person has not yet received a tier designation. ACSOL believes this is a misinterpretation of the law and will consider filing a lawsuit for an individual whose petition was denied by a court for that reason.

Thank you Janice, in advance. I think this is the same problem here in San Bernardino County Courts – Per the County Public Defenders office they too are saying petitions can not be filed while TBD Tier designation is assigned, which I believe, too, are both misinterpreting the Law.

@StillFighting,

Was your charge a felony or misdemeanor charge at sentencing? If it was a misdemeanor, then it would fall into tier 1.

But if you were charged with a felony at sentencing, but had it reduced to a misdemeanor through 17B felony reduction, then it would be considered a misdemeanor.

As for the ability to apply while your status is TBD, I thought that was permitted, I know one person on here that was granted relief, but they had a lawyer set up a court date to determine it and they won. That lawyer is Chance Oberstein.

Yes, Attorney Chance Oberstein is excellent. He understand this new Law very well, as well as Janice. I truly believe that most courts, DAs or even Public Defenders are, at least, nor up to speed, or not understand the Law, or just do not care and plan on fighting it all the way. Attorney Chance is so good in this area and will do an outstanding job, in my opinion, in arguing your case if you, (all of us), are eligible for removal even while still listed as TBD. Good Luck to all

@NewPerson My charge was a felony at sentencing and I wasnt able to reduce it per a condition of my plea. If I understand the new law, some felonies fall into tier 1 as long as they didnt have any other circumstances, which my case did’nt. I have a call tmr and hopefully will have more info.

@stillfighting
With TBD it’s totally and highly advisable to hire a seasoned attorney like Janice or Chance . I have the same TBD also on my tier assignment letter and I will be going through the LA county courts when I petition the courts come April 2022. For sure I will be hiring either one of those pros mentioned to handle my petition. It’s not worth the aggravation and nor any slip ups doing it myself. The money I put into this will be worth every bit of those bald headed Ben Franklin’s because I am confident Janice or Chance will protect me in every aspect of the petition process. Good luck

@Cancel I spoke with a Public Defender who is working with TBD’s and If you don’t have a tier assignment when you file and the DA hasn’t approved any TBD’s, they will deny your appeal. You can call yourself to speak with Dylan in LA County, he said by the time you fight it in court if your appeal is denied that your tier could be designated. I’d speak to him first to save time and money. It seems like the TBD’s will have to wait till we get designated in order to get off. They have untill the end of 2022 to send the letters. I want to state, I’m sure lawyers can make a case to get you off on TBD but they won’t guarantee. With the info Dylan provided they wont be able to move anyone up either as he has direct contact with the DOJ office, they told him no body is jumping the line no matter what comes accross their desk.

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

The Tiered Registry applies to anyone who is currently required to register in CA even if convicted in another state, by a military court or by a federal court. It does not apply, however, to a person convicted in CA who currently lives in another state.

This is the reason I remain in California. I am staying here until such time I can petition to be removed and if this actually happens, I will likely want to stay in California because I don’t have any answers as to whether or not other States can force me to register despite being removed here.

@nick from my understanding how it works after listening to the zoom call Janice and Chance did a few weeks back as long as you are living in California petition the court for removal and if it’s granted you are no longer required to register period.

Moreover, if you decide to move to another state you are not required to register with that state you are not obligated by law to tell that particular state about your removal from California registry you are free man , it’s done!

However, if you live in another state and have been registering there and have been removed from California registry even though you are done with registering requirements in California your new states requirements might be life time for your particular situation and you would still have to register for life in that state ( only because you are on their radar now)

Lastly , Janice advice was if all possible do not register in another state ( unless you have no choice ) get off the registry in California so you don’t have situations mentioned above to deal with from other states .

Ps . I hope I stated this correctly for you . Good luck

I’ve wondered about this.

Say you get off in CA after 10, but move to a state B where the same crime has a 25 year reg period.

Can state B require you to register there in order to satisfy their 25yr requirement?

It depends. Does that states law on the matter say they’ll force you to register until such time the original state says you’re done, or does it force you to register per their own laws for an equivalent offense? Both situations exists across the country.

In general You would be subject to state B’s 25 year requirement.

Presents an interesting further question (for me) in that I would need to determine when CP poss was made illegal in each state. The legislative history in each state is not the easiest thing to research.

@tuna nope! how would B know ? If you are off in California you are not obligated at all to inform B anything about your past sex offense. No obligation whatsoever! From my understanding for how it works if you are off in California and move to a state after you are off from California to another state that requires an “active” offender to register in their state for 25 year this doesn’t pertain to you because you are no longer a registered person in the state you currently reside in which is California.

I dont believe you are correct. Each state determines it’s registration requirements including for someone convicted in a different state while they are within the states jurisdiction. Additionally federal SORNA would also apply in any other state.

@MC yes you are right if the person is required to register in their original state. We are talking about once you are off in California you are not required to register in a state you move to how would they know any if you were a past registrant or not unless you tell on yourself. 🤷🏽

Janice, do you know if there is any way for those out of state to make it work to be off the list if we register an address there and then apply? Are there any time restrictions on how long you must be registered before you can apply? I was originally convicted in CA, but moved 15 years into my registration.

If I can get off the list in CA, and can then in turn get off in the State I now reside.

Thanks.

If you currently live in another state, you are not on the CA registry. That means you cannot petition for removal. However, if you return to CA you will be required to register in CA and can petition for removal under the Tiered Registry Law. This set of circumstances will help some people but not all people. The answer depends upon whether the non-CA state in which you reside requires registration because you were required to register in CA or because you were convicted of an offense that requires registration in the “new” state. Hint: it’s possible to register in more than one state at a time.

Janice,

Thanks for the response. As I understand the law here in my new state, I am required to register *because* I am required to do so in CA. If this requirement was removed from me in CA, it would subsequently be removed where I now reside.

If it is possible to double register, I would surely like to know how this is done without a physical address in CA.

Thanks,

John

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.

You must wait until your birthday or a later date to file. Good luck!

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.

@ Anklebiter: That’s rather interesting, because it was my understanding that you could not be listed on another state’s registry and apply to be removed from California’s. I thought it was one of California’s prerequisites that you not be listed on any other state’s registry. Perhaps I misunderstood something. 🤷🏻‍♂️🤷🏻‍♂️🤷🏻‍♂️

Although David is correct most of the time, he got this answer wrong. You can be removed from the CA registry even if you are still on a registry in another state.

Mea culpa. 🤷🏻‍♂️

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.

People convicted of a sex offense in California who currently reside outside of California are not eligible to petition for removal. Why? Because they are not currently on the California registry. The only way to change this is to establish a residence in California and register again in California . Hint: it is possible to reside and register in more than one state at the same time.

I do like the loop hole you shared, but I am a bit confused with residency. I understand it, but I am confused because your conviction in CA is the reason why you have to registry in another state.

If you were convicted in another state, reside now in CA, and petition granted to be off the registry, then are you still a registrant from that original state of conviction?

Thanks for answering the query in advance.

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?

ACSOL doesn’t have any information yet regarding the outcome of petitions in Orange County. Based upon that county’s denial in the past of certificates of rehabilitation for registrants there is cause for concern.

Any feedback on petitions filed in riverside county?

Intriguing, hint. I was in OC and registered 2 addresses. No matter how many days you spend at an address, your required to register both! I randomly stay at a friends in LA and I considered it my hint primary. Hmmmm. I filed my COR – granted. OC is too political. I’m off and was just granted my prof license again. Good luck
Hmm, hint.

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?

If you haven’t heard from the DA’s office, we recommend that you contact that office and ask for the name of deputy DA who is assigned to your case. It will be helpful to have your case number available to provide to the person who answers the phone. Be careful about counting days as it can be tricky (business days vs. calendar days) and whether you served a copy of your petition by mail or by hand carry. The deputy DA assigned to your case should be able to share with you the DA’s response to your petition.

Last edited 1 month ago by Janice Bellucci

@unforgiven if you could stay in California till you are off the registry you’ll be better off. Janice mentioned in a zoom conference if you move to another state and are on their registry their requirements might be more stringent then California, you might have to be on their registry longer than expected. If you move after the removal is granted you have no obligation to tell the state you are moving about your past .

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?

The answer to your question depends upon state law in Nevada. Therefore, we recommend you confer with an attorney licensed in that 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!

“I imagine if you get your charges expunged and your request to get off the registry, you should be good to go.” Do you mean the 1203.4? My husband has his case dismissed, but they still have him as tier 3. Who should he contact to request to be taken off? Where he registers? The DOJ?

I’m not a lawyer, but it depends upon his charges and if he did prison or county time? If he did county time, some charges can be reduced to a misdemeanor pursuant to 17b and later expunged pursuant to pc1203.4. He just then (depending upon his tier) then needs to file to get off the registry. If ( I’m not a lawyer) you can, just file to get off, but I imagine going in with an expunged offense would look better! I filed a COR before the 07/21 deadline. After 07/21, a COR won’t remove you from the registry! I needed it for license purposes!

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