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Public Defender

PC 290 Registration Relief

What is 290 registration relief?

Starting January 1, 2021, instead of life time registration for all, California will have a tiered registration system.

Depending primarily on the conviction for which a person was ordered to register, registrants will be placed into one of three tiers.  Generally, Tier 1 registrants must register for a minimum of 10 years.  With only a few narrow exceptions, Tier 2 registrants must register for a minimum of 20 years and Tier 3 registrants must register for life.  People who must register because of offenses committed while juveniles have even shorter registration times.

If you were sentenced before January 1, 2021, you may be eligible to shorten your registration period based upon the new 290 tiering system.

Post-Conviction Relief

Lifetime sexual offender registration and the stigma associated with that registration creates barriers to obtaining housing, finding employment, and enrolling in and funding educational goals.

At the same time, California’s sex offender registry contains a significant number of low-level offenders and offenders who were convicted decades ago who now present little or no risk to the communities in which they live.

Relief from registration will assist those who are eligible to fully and safely reintegrate into their communities.

Frequently Asked Questions

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
(707) 565-2791

Ask about Post-sentencing relief for 290 Registrants.