Having a sex offender record under your name can be disadvantageous, as it may limit your access to opportunities. Further, you may have difficulty reintegrating into your community even after serving your criminal sentence. Based on the possibilities, finding workable solutions towards record expungement to remove yourself from the California sex offender registry is necessary. In doing so, you have better chances of resuming your everyday life and finding resourceful activities to benefit your life.
By understanding how to apply for removal from the California sex offender registry, you can begin the process as soon as possible with your attorney’s help serving in San Diego, California. It is also essential to learn about the limits and regulations for every category on the sex offender registry.
Understanding How a Sex Offender Registration Works
The "sex offender" status is a mandatory requirement for every defendant found guilty of a sex offense. The court will issue the status as part of your sentence and specify its validity. Based on this, a sex offender status appears after your name search and is widely available to the general public.
The rationale behind the sex offender status is to protect the public from past sex offenders who may pose harm to them. Courts and probation departments enforce the sex offender status strictly, and you will have limited options to have the status removed from your name.
Subsequently, you need to work closely with an experienced attorney to determine the best approach to take in your case. Legal advice is handy because case facts vary from one situation to the next.
Applications for Removal From the Sex Offender Registry
The application process for removal from the sex offender registry requires you to partner with an experienced record expungement lawyer. Their involvement will help you prepare your court application, making it as convincing and justifiable as possible. Before applying for removal, you need to understand the laws enforcing sexual registration and why they apply.
Megan’s Law is provided for under Section 290.46 of the California Penal Code and applies in California, among other states. It requires law enforcement officers to notify the general public about anyone convicted as a sex offender. The laws originated from a sexual abuse case that resulted in the loss of a young girl's life. Consequently, the law is in place to protect the public from interacting with and potentially endangering themselves by interacting with an unidentified sexual offender.
As a convicted offender, you can apply for an exclusion from Megan's law to remove the obligation towards registration as a sex offender. However, you can only qualify for the application if you committed sexual battery by restraint, as prohibited under PC Section 243.4a, or annoying a child by sexual conduct, as provided under PC Section 647.6. Any other offenses may still warrant continued registration until the minimum duration lapses.
Alternatively, you can apply for removal from the registry by adhering to all court requirements and completing all sentencing programs. For example, if you completed a sexual rehabilitation program and received positive reviews from your supervisors, you can qualify for removal.
Further, the presiding judge may consider your application for removal from the registry if you obtain an expungement order from a different court. The judge will likely accept this because expungement orders are only available if you have met all the preconditions toward completing your sentence.
For example, if you completed your probation period without any irregularities or served your prison sentence to completion, you can apply for record expungement. By extension, you will have an easier time applying for sex offender registration.
The Three Main Tiers of Sex Offender Registration
Sex offenders fall into three main categories, each differing based on the severity of the sex crime. The legal provisions guiding the classification of sex offenses are under Senate Bill 384, which provides further information on how to identify each tier.
You want to understand what category your offense falls in to help you anticipate the number of years that your sex offender status will remain. Typically, you will have already learned the information during the because the judge will specify it during the sentencing hearing. The following are the tiers and the common offenses:
Tier One
The first tier of sex offender registration involves low-severity offenses. While sex crimes are still offensive to the victims and a violation of the law, the offenders do not receive significant sentences. Most sentencing outcomes impose misdemeanor sentences, meaning that the offender is likely to serve between six months and a year in prison. Additionally, they may evade a detention sentence altogether and face probation instead.
Examples of offenses resulting in tier one registration include indecent exposure, whereby you display your private parts in public or engage in indecent sexual behavior. For example, having sexual relations in public can attract a charge.
Additionally, committing sexual battery can also attract tier-one registration obligations. Battery occurs when you contact a person’s body without their consent. It differs from assault, which involves attempts to make contact with the alleged victim.
Based on the nature of tier-one sexual offenses, you will need to register as a sexual offender for ten years before you can apply for removal from the registry. Noteworthy, you are responsible for applying for the removal, so you need to initiate the process as soon as the ten years lapse to avoid unnecessary delays.
Tier Two
Secondly, you may have committed a tier two offense involving more severe crimes than those in tier one. These offenses include committing lewd acts with a minor and exposing the minor to indecent acts like touching genital parts. The offense applies even when you engage the child to touch their private parts or tell them to engage in other inappropriate sexual conduct.
Additionally, committing non-forced sodomy with a minor under the age of fourteen is a tier-two offense. Based on the nature of the crime, you are likely to receive misdemeanor or felony charges on top of the requirement to register as a sex offender.
If you commit any offense classified as a tier-two sex crime, you can expect to remain on the sex offender list for at least twenty years. Afterward, you can apply for removal, provided you have complied with all other requirements.
Tier Three
Offenses under tier three are the most severe sex crimes listed in the penal code and warrant serious legal repercussions for guilty parties. They often involve violence and the use of fear, especially against children, to commit violent sexual crimes. As a result, the law imposes sex registration for life for any offender convicted of a tier-three offense.
Examples of the crimes include rape and committing lewd actions with a minor using fear or force. These two actions entail violating a person’s liberty, safety, and right to their personal space, attracting severe repercussions.
Additional offenses include trafficking children for sexual exploitation; handling, producing, or owning child pornography; and committing aggravated sexual assault on minors. Overall, it is difficult to apply for removal from the sex offenders registry after facing conviction for a tier-three offense. Nevertheless, your attorney can guide you on the best approach to take.
Removal From the Registry as a Tier Three Offender
Based on the severe nature of tier three sex offenses, you face stricter conditions when applying for removal from the sex offender registry than in other tiers. Consequently, you want to identify potential exceptions that will prevent you from appearing in the registry for a lifetime.
Noteworthy, the presiding judge still holds discretion on whether to issue orders for your removal from the registry, so your application should be justified and convincing. Working with an established attorney is, therefore, essential. The exceptions that apply for removal from tier three offenses include:
Completing Your Probation Sentence Without Any Problems
Usually, probation sentences provide the chance to reform by enrolling in rehabilitative programs, undertaking community service, and paying restitution to your victims. Hence, by the time you complete your probation sentence, the court reasonably expects you to undergo significant behavioral reform. You can then apply for removal from the sex offenders list if you meet this requirement.
The Sex Crime Victim Was Your Child or Relative
If you can show an existing family relationship between you and the victim and that you are working towards re-establishing trust, you may succeed in obtaining a record removal order.
Your Sex Offense did not Involve Oral Sex or Penetration
Lastly, the court will also consider whether the sexual offense charges you faced involved a serious invasion of personhood through oral sex or penetration. If not, you are likely to receive a more favorable outcome.
Contact a Record Expungement Attorney Near Me
Removal from the sex offender registry may be necessary to stabilize your life after a sex offense conviction. With the help of your record expungement lawyer, you can achieve the process by filing a petition with the court, provided you have met all the minimum requirements.
At Record Expungement Attorney, we dedicate our services to helping you expunge and close all criminal records under your name. You can expect high-quality legal advice from the team, as we understand the importance and urgency of clearing your criminal records to help you return to your everyday life. For more information on removing yourself from the California sex offender registry in San Diego, California, call us today at 619-432-7544.