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The laws regarding sex registration have been changed recently and a new tier system will be in place.  In the past if you were convicted of any sex offense you would be required to register for life.  However, under new legislation in California the period is now tiered.  If you have any questions after readifng this article give us a call and we can help you with your situation. 

 

Below I will  go through the new tiered system briefly and explain when certain offender would be eligible to be taken off  the registration list. 

 

1. Tier one is for people convicted of the lowest level of sex offenders, such as Misdemeanor sexual battery, or indecent exposure.  A person that is on tier one will have to register as a sex offender for a period of at least ten years.  If convicted in Juvenile court the mandatory period is five years.  

2. Tier Two

This tier is for people convicted of mid-level sex offenses including lewdness with a minor under 14 and non-forced sodomy with a minor under the age of 14.  A person ordered to register under this tier will have to register for a period of at least twenty years.  If convicted in Juvenile Court then he will have to register for a period of ten years.  

3. Tier 3

This tier is for people convicted of the most serious sex crimes and requires a lifetime registration.  These offenses include Rape (in most cases) lewdness with a minor by force.  sex trafficking, sex crimes against children 10 years of younger.  

When the time period for a persons registration is up it does not mean that he automatically stops having to register.  The person must go through a petition process through the court, and a Judge will make a determination of the persons being taken off the sex registration requirement.  

The person must file a petition then the person must wait for a period of 60 days and the state will have the oppurtunity to review and to file and objection or response to the petition.  

WHEN DOES THE PERIOD OF TIME START TO RUN?

For tier one or two the period of time begins to run when the person is released from incarceration or placement.  This includes all civil committments for the offense.  

For each time that the person fails to register under a  Misdemeanor the person could be extendes for a period of 1 year.  If the person was convicted of a Felony and fails to register the time period is extended by a period of three years.  

After these periods are completed get an Attorney and file a petition.  The court will give you a court date and you will be assigned a court room.  Make sure to do this in the County in which you reside and are registering.  At that time the court will have a hearing and give you and the prosecution an oppurtunity to be heard regarding the registration requirements.  

Nothing in this article is meant to be legal advicie and of course every case is different and this is meant for inormaiton purposes.  

If after reading this article you have questions give us a call at 559 441-1418. We can set up an evaluation of your case and determine if you qualify and how you should go about getting a hearing to go over your case.  

Although the law has changed it is still complicated and you should seek legal advice before attempting to go through this process on your own.  Because you may have had a better result with the help of an Attorney to get you through the difficult legal process.

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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