Who may be eligible?
You may be eligible if:
- You have registered for the Minimum Registration Period (MRP) for your Tier (including any extensions and tolling); And
- Your registration is current.
You are not YET eligible if:
- You are in custody; or
- You are on parole, probation, or supervised release; or
- You have pending charges which could extend the MRP or could change your Tier status.
- You have not completed the Minimum Registration period for your Tier (including any extensions and tolling).
Can I Stop Registering if I Believe I Meet the New Minimum Registration Period (Mrp)?
NO! You must first file a petition AND then have a judge say you no longer have to register before you stop. Until a judge says you are no longer required to register, continue to register as required by PC290.
How do I Petition the Court for PC 290 Relief?
You need to file a petition in court in the California county where you live with proof you are currently registered.
You MUST then serve a copy of the petition on the law enforcement agency and the district attorney of both the county where you live AND, if different, the county where the case for which you were ordered to register was prosecuted.
When Can I File a Petition?
If your MRP is over and it hasn’t been extended because of later convictions for failure to register or time in jail or prison, you may file a petition starting on or after your next birthday after July 1, 2021
How do I Know Which Tier I Am in?
Starting January 1, 2021, you can ask the law enforcement agency where you register to tell you your Tier from the Department of Justice Records. Once you get this information, we strongly encourage you to contact the Law Office of the Public Defender or a lawyer familiar with this area of law to confirm this information is correct. Tier placement is complicated and there are special rules for some people which could move them into a different Tier.
How is The New 290 Minimum Registration Period Counted?
The MRP begins the date you are released from custody on the registerable offense. If you were later convicted of failure to register, this will extend your MRP. Time you spent in jail or prison for any offense (including probation or parole violations) after you were ordered to register does not count toward the MRP. This process is called tolling.
What Happens After I File My Petition?
The law enforcement agencies have 60 days to report to the court and the prosecution if you meet the MRP for your Tier. The prosecution then has 60 days to decide if they are going to challenge the petition. The prosecution may challenge the petition if they believe you have not met the MRP or “community safety would be significantly enhanced by” your continued registration. IF the prosecution does not challenge the petition, the judge will decided at a hearing if you may stop registering.
We Highly Recommend Having an Attorney.
A lawyer can figure out your correct Tier, if you meet the MRP, and if you are otherwise eligible for relief.
Law Office of the Public Defender
600 Administration Drive, Room 111-J
Santa Rosa, CA 95403
Ask about Post-sentencing relief for 290 Registrants.