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May 6, 2019

There is a dramatic change coming to California’s criminal justice system that will alter the amount of time those who have been convicted of certain crimes will have to spend on the registry of sex offenders. Under current law, any person required to register as a sex offender endures a life sentence on that registry, regardless of how severe the crime they committed (PC 290).

Beginning on January 1, 2021, a new law, SB 384, will change California’s sex offender registry so that it will no longer be a “one size fits all” punishment. Instead, the registry will have tiers of 10 years, 20 years, and lifetime registration. The tier of punishment will be based upon the type of crime committed. Under the new law, if you are currently required to register as a sex offender, your status will be evaluated to place you in the tier of the registry that applies to the crime for which you were convicted. This could mean an early end to your registration requirement.

Registration Is Required for Indecent Exposure

If you are convicted under PC 314 for indecent exposure, regardless of whether the conviction is for a misdemeanor or a felony, Penal Code section 290 requires you to register as a sex offender with a local law enforcement agency each year for the rest of your life.

However, on January 1, 2021, that will change. Indecent exposure will be a “tier one” offense, which means that you will be required to register for “a minimum of 10 years.”

Is Termination from the Sex Offender Registry Automatic?

Following the expiration of the 10-year registration period, you are not automatically released from the registration requirement. Beginning on July 1, 2021, the courts will begin accepting petitions to be released from the sex offender registry, including from persons convicted prior to the enactment of SB 384. You must petition the court for relief, and the district attorney will be given the opportunity to respond. If the district attorney believes you are a risk to community safety, he or she can request a hearing to oppose your petition.

However, if the district attorney does not oppose, the court will terminate your registration if you have fulfilled the requirements, you are not currently being charged with another crime, and you are not in custody or on probation, parole, or other supervised release.

Having an Experienced Attorney On Your Side Makes a Difference

Obtaining your release from the registration requirement is a major step toward putting your conviction in the past. Having a hard-working, experienced attorney fighting on your behalf may make the difference between continuing to have to register as a sex offender and being released from the requirement of registering. Your attorney can draft the petition and, should the district attorney oppose it, present effective arguments to the court strongly urging your petition be granted.

Contact Wallin & Klarich for Help from an Experienced Criminal Defense Attorney

If you or someone you know has been convicted of indecent exposure, you should retain the help of an experienced criminal defense lawyer to draft and present your petition to the court. At Wallin & Klarich, we have more than 35 years of experience fighting for people who have been accused of sex crimes. We know that any charge involving a sex crime can have devastating consequences. We fight tirelessly, with all of our skill and knowledge to deliver the best outcome possible in our clients’ cases. We can help you, too.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is a Wallin & Klarich attorney experienced in sex crimes defense near you, no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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