ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459

Monthly Meetings | Recordings (05/21 Recording Uploaded)
Emotional Support Group Meetings




CA: Court Grants Contested Tiered Registry Petition

Source: ACSOL

In the first known case involving a contested petition, California Placer County Superior Court granted the petition of a registrant convicted of PC 288(a) who had registered for more than 25 years.  The Placer County District Attorney asked the court to deny the petition in order to significantly enhance public safety.

In this case, the court ruled that the DA’s office “failed to meet their burden that the community safety would be significantly enhanced by the petitioner’s continued registration.”  The court went on to explain that its decision to grant the petition “in no way minimizes the gravity of the underlying offense.”  

In the decision, the court stated that it recognized the “significant and successful efforts toward rehabilitation” demonstrated by the registrant for more than 25 years.  The court also stated that it was persuaded by the registrant’s “completion of therapy and counseling, his maintenance of sobriety and service in the AA community, his own letter to the court and acceptance of responsibility.  Further, the court noted the importance of a recent report from a PhD psychologist stating that the registrant had a low risk of re-offense.

 “We applaud the court’s wise decision in this case,” stated ACSOL Executive Director Janice Bellucci, who represented the registrant.  “It’s important to emphasize that the registrant in this case completed counseling, led a law-abiding life and practiced sobriety for more than 25 years.”

It has been reported that a second case involving a contested petition is to be heard in San Diego county later this month.  The results of that case will be reported as soon as available.

We welcome a lively discussion with all view points - keeping in mind...  
  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t
  4. Please stay on topic - both in terms of the organization in general and this post in particular.
  5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  6. Please take personal conversations off this forum.
  7. We will not publish any comments advocating for violent or any illegal action.
  8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  10. Please do not post in all Caps.
  11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  13. We will not publish any posts containing any names not mentioned in the original article.
  14. Please choose a short user name that does not contain links to other web sites or identify real people
  15. Please do not solicit funds
  16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
  17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
Notify of
Inline Feedbacks
View all comments

Fantastic news! Glad some judges are calling DA’s out on trying to rubber-stamp their way to a padded “win” record.

Congratulations Janice! I hope that this case and (many) more like them, will help to set a precedent for future cases! Thank God for you Chance and ACSOL

Hmmmm. Maybe I should file my complaint in Placer County….. That is where I was convicted even. hmmmmm.

I congratulate the person and am glad for them but I have to say, it must be nice, actually commit the crime tier 2 and get off the registry, but attempt that same offense using the internet you are on for for life.

Wow, this is Fking UNBELIEVABLE NOW. max sentence 5 years 4 months for fighting for my rights when most [people get probation and little work project and now tier 3 for life for attempt and and now this shit, from the same county even. Like I stated congrats to dude but man….

May there be many DA failures to meet the burden for many Registrants who seek to be free from the system’s over bloated Registry.

I hear Sen Hawley now chastising the Judge in this case as being soft on registrants with their judicial philosophy and should be recalled from the bench while the DA looks to use this as a point (“I tried”) in their favor during election time despite losing overall. Maybe the DA needs to look at the entire picture as did new SCOTUS Associate Justice Jackson (and other Fed judges do) and consider it before being a sheep or lemming in the system.

This person was statistically 8 years beyond any sort of data point last recorded for those who are recorded for dangerousness at 25 years when 17 years is the last data point time.

Last edited 2 months ago by TS

Wonderful news!! I applaud the judge for having the courage to push back against the blanket (and blank!) public safety trope presented by the D.A.
It doesn’t hurt that the petitioner had a very knowledgeable and well regarded attorney! 😁👍🏻

Congrats! Superb. Best wishes! As noted, I obtained a COR over 1 year ago (I’m sharing if anything helps others). I had a 243.4a that was reduced pursuant to 17b/later expunged and I obtained a COR in LA. I was advised by my counsel to admit guilt and apologize! The DA can deny of you blame others. I’ve been off the registry for over a year- obtained a new passport and I’ve had no delays/questions when re-entering the US/unlike before. I fought to re-obtain my medical license-granted and it legally became official today August 8th. I’m still in shock! Good luck and God bless all of you! Note: Janice, had you not answered the phone and spoke to me over 18 months ago, I’m 110% sure I would still be an undetermined, still registering, still fighting and unlicensed and unable to visit a dying relative! That’s Golden! So, thank you!

This is obviously excellent news!

But, the ex-registrant shouldn’t have had to jump through all those hoops, and there should be 100s more of these (including mine)!

Well I have to congratulate California and its government in seeing their error. Even the recognition is a home run. Sure I knew it was going to be tough out in California. Lets face it the crime ratio is bad enough. Much of this sex registry is a bit dicey if you ask me or many others in much of this court system of sex registry law. I guess I could congradulate Janice but remember she is only a public servant that strives to correct. Even a DA has to be corrected at times. Talk about probable cause of over inflating.
Seems the DA wanted to be Elected or corrected . Wonder if Alice Cooper would agree with that one.

I will say this. The Board was very professional and kind. I was really thinking they might come at my harsher! If you have an expunged offense and get off the registry, take advantage of Ca AB 2138! I have an excellent attorney. I’m my instance, I had a license/had a legal issue and lost my license. With AB 2138, it applies to ex offenders who never had a license! Good luck .

OC – has anyone submitted anything via OC? Just curious

I am also a 290 from Wash when release they didn’t have a standard qualifications to see what level of a crime to register for life . I did 5years with treatment in side and out. I now live in San Diego California waiting for to be on a tier status. I think it’s unfair that you don’t get a chance to defend yourself to be denied due process.
My case is not like this person but I had to speaker up.

D, I once knew a guy who had relatives in LA. He used their address as a primary address and used his OC address as a secondary. The guy told his relatives he was applying for a job in LA and they might do a background check? Nobody visited. He was later awarded a COR in LA and nobody (police/DA/or the Judge ever asked?). My friend simply updated his CDL online and later went on with his life. LA is a very liberal city hint hint. He might still be on the registry otherwise 😳

Hey Janice, can you please give me the name of the psychologist as I would like to see if I can get an evaluation by them? Thanks…

Wow! Intriguing. I’m surprised you guys are still discussing 17b’s and pc 1203.4? I mean, you guys had 2-3 years prior to this law going in practice to do something? File a COR? I read these same discussions years ago? Think out of the box? What can you do now?

That is ridiculous.
The registrant submitting all that “evidence” was like going for Certificate of Rehabilitation and should not be necessary under the tiered law.

Either the DA can show how and why the public safety is enhanced by the individual continuing to register or they can’t…and that should be the end of it.

This (registrants having to PROVE what wonderful people they have been for the past X number of years) as any kind of precedent does not bode well for registrants seeking relief under the requirements of the tiered law.

Michael, I’m not sure what you mean, but I’m sure there a packet outlining what’s required when submitting to get off the registry via the new tier law! I might suggest changing your views, be a little more humble and don’t go in there with a victim mentality! I had to jump through hoops to get off via my COR! I’m now free, working in healthcare and lucky. How hard would it be to write a letter to the court to address your mistakes, apologize and convey what you have done with your life since this has occurred? When the DA spoke to my counsel, the 1st thing he did was convey how he liked my letter/I bit the bullet/most people per him blamed their actions on drugs? Alcohol? Ex wife’s? Or, maybe include a Family photo? I wouldn’t grant your request if you had an attitude, put a poorly put together packet and showed up in jeans and a t-shirt! Pretend your applying for college and want make a good impression? I have 5 degrees, lost a professional license as a result of my plea and it was disgusting! Be humble, be kind and these DA’s and Judges can read people and your not going to get off with that attitude! I’m in a good place today, about to re-take my boards and I learned a lot. I’ve filed a 17b, pc 1203.4, pc 858.1 and granted a COR! It wasn’t easy. Good luck. Lastly, discussing 17b’s is important. It should reduce your tiers. Yet, the 1203.4 should clear your record, but not remove you from the registry. Move on

how do I go about starting the paperwork for the petition

I’m one of those person who don’t have a risk assessment yet I file my petition to bed removed but the. Public Defender told me no.. Cause P.C. section 261 is a level 3 status. I argued then They should have had me as a high risk offenders also so now I m Boing to ask a federal judge for a stay and proceed on.. ( Its times like this is wish some one could help me start a Bradly Case against the District Attorney s office. )

Would love your thoughts, please comment.x