Description: Beginning July 1, 2021 people with misdemeanor and less serious felony sex convictions will be eligible for possible termination of sex offender registration. (Penal Code 290.5.) SB 384 does not give relief to everyone; it depends on your conviction, whether you suffered subsequent sex offense convictions and whether you are in compliance with registration requirements. The requirements are strict, but, there are 3 Tiers: Tier 1, Tier 2 & Tier 3.
You may be eligible if:
TIER 1 - 10 YEARS REGISTRATION COMPLIANCE FROM DATE OF RELEASE
Misdemeanor convictions & no subsequent sex offense convictions;
Non-serious felony convictions
TIER 2 - 20 YEARS REGISTRATION COMPLIANCE FROM DATE OF RELEASE
Any serious or violent felony sex conviction (Penal Code 290(c);
Two or more convictions for stalking on separate occasions;
Certain offenses involving victims incapable of consent;
No subsequent serious or violent felony sex conviction;
TIER 3 - LIFETIME REGISTRATION
There are no benefits for people convicted of certain offenses. Please call the public defender's office, if the police have notified you that you fall into one of the lifetime registration categories.
THERE ARE ADDITIONAL REQUIREMENTS EVEN IF YOUR CONVICTION FALLS UNDER TIER 1 OR TIER 2.
You MUST be currently registered;
You MUST have reported for that minimum period-10 or 20 years-and time starts counting from your release date. Time in custody does not count; any misdemeanor non-reporting conviction extends reporting duty by one year; a felony non-reporting conviction extends reporting duty by three years.
You MUST NOT be currently justice-involved; that is, on probation, parole, or post-release-community supervision, and
You MUST NOT have any criminal case pending that may extend the reporting period.
If you qualify, then you should petition for relief from registration. The Fresno County Public Defender's Office may be able to help you file your petition.
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