Registration Termination

California law requires persons convicted of specified sex crimes to register as a sex offender while they live, work, or attend school in California. Pen. Code, § 290, subds. (b), (c). Commencing January 1, 2021, a California Senate Bill restructured the sex offender registration requirement, establishing three tiers of registration for sex offenders, primarily based on the offense of conviction, for periods of at least 10 years (tier one), at least 20 years (tier two), and life (tier three).

Effective July 1, 2021, Senate Bill No. SB 384 established procedures for a person to seek termination from the sex offender registry if the person meets certain criteria, including completion of the mandated minimum registration period. § 290.5, subds. (a)-(c). The prosecution may request a hearing and present evidence to establish community safety would be significantly enhanced by requiring continued registration. § 290.5, subd. (a)(2), (3).

Pen. Code, § 290.5, which establishes procedures for a person to seek termination from the sex offender registry, does not define the phrase "community safety would be significantly enhanced." The purpose of Pen. Code, § 290, is to ensure police can surveil sex offenders at all times because they pose a continuing threat to society. "Significant" is defined as having or likely to have influence or effect: deserving to be considered: important, weighty, notable. "Enhanced" is defined as to raise or lift. Thus, it has been found that the prosecution must produce evidence establishing that requiring continued registration appreciably increased society's safety.

I understand there is a lot of controversy surrounding this issue. However, these new laws aim to balance public safety and evidence-based approaches to rehabilitation and criminal justice. Here are just a few reasons why these new termination laws are important:

Not all sex offenses are the same in severity or risk of reoffending. Some individuals — especially juveniles or those convicted of lower-level, non-violent offenses — are capable of genuine rehabilitation. Also, allowing a path off the registry can motivate individuals to pursue counseling, education, and stable employment, reducing the likelihood of recidivism. Being on a sex offender registry can also severely limit a person’s ability to find housing, employment, or even maintain family relationships — sometimes for life. Additionally, research shows that the risk of reoffending for many sex offenders drops significantly over time, especially after 10–20 years of offense-free behavior.

If you think you may qualify for this sort of relief and would like to discuss your options, please contact me for a free consultation.