290 Sex Offender Registration Relief

As of January 1, 2021, Senate Bill 384 (SB 384) went into effect, changing California’s registration rules under Penal Code section 290. Instead of requiring lifetime registration for everyone, the law now uses a tiered system with different registration periods depending on the offense.

Previously, all sex offense convictions—whether misdemeanors, non-serious felonies, or violent felonies—required lifetime registration.

The only way to be relieved of this duty was through a Certificate of Rehabilitation under Penal Code section 4852.01. If granted, this certificate removed the registration requirement (§ 290.5(a)(1)) and was also forwarded to the Governor as a recommendation for a pardon (§ 4852.13).

Under Penal Code section 290(d), there are now three tiers:

• Tier One – Applies to certain misdemeanors and lower-level felonies. Requires 10 years of registration. After this period, you may petition the court for removal under Penal Code section 290.5(a)(1).

• Tier Two – Applies to more serious felonies. Requires 20 years of registration. After this period, you may petition the court under Penal Code section 290.5(a)(2).

• Tier Three – Reserved for the most serious offenses (such as aggravated sexual assault of a child). Requires lifetime registration. Limited exceptions for relief may apply under Penal Code section 290.5(b).

A “wobbler” is a crime that can be charged as either a felony or a misdemeanor (§ 17(b)). Your tier status may depend on how the offense was charged.

For example:

• Sexual battery under Penal Code section 243.4 is a Tier Three offense if convicted as a felony.

• However, if the felony is later reduced to a misdemeanor under Penal Code section 17(b), you may be reclassified to Tier One.

• As a Tier One registrant, you could then petition for removal after 10 years (§ 290.5(a)(1)).

If you qualify under Tier One or Tier Two, you may file a petition in superior court under Penal Code section 290.5 once you have completed the minimum registration period (10 or 20 years).

No. Even after the minimum period has passed, you must file a petition, and the judge must grant relief. Some offenses and circumstances make registrants ineligible for removal.