COMPLETE SEX OFFENDER TIER ASSIGNMENT & REGISTRY RELIEF FAQ

California Penal Code 290 Post-Conviction Relief Guide

For People Already Convicted and Registered

Updated December 30, 2025

CRITICAL PRINCIPLE: YOU NEED TO KNOW YOUR TIER FIRST

This FAQ is organized to answer the ONLY question that matters: What tier am I in, and how do I get off the registry?

If you're reading this, you've already been convicted of a sex offense requiring registration under PC 290. You don't need to know "what offenses require registration" - you need to know:

1. WHAT TIER AM I IN? (Tier 1, Tier 2, or Tier 3)
2. HOW LONG MUST I REGISTER?
3. WHAT ARE ALL MY OPTIONS TO GET OFF?

This FAQ answers those questions in that order.

PART I: TIER ASSIGNMENTS - WHAT TIER AM I IN?

TIER 1: MINIMUM 10 YEARS REGISTRATION

Who is Tier 1?

Under PC 290(d)(1)(A), you are Tier 1 if:

Your conviction is a MISDEMEANOR requiring registration under PC 290(c)

OR

Your conviction is a FELONY requiring registration under PC 290(c) that was NOT a "serious felony" under PC 1192.7(c) AND NOT a "violent felony" under PC 667.5(c)

AND

Your conviction is NOT specifically listed as Tier 3 in PC 290(d)(3)

Complete Exhaustive List of Tier 1 Offenses:

MISDEMEANOR OFFENSES (ALWAYS TIER 1):

PC 243.4 sexual battery (TIER 1 if misdemeanor)

• Subdivision (e)(1): misdemeanor sexual battery
• NOTE: Felony PC 243.4(a), (c), or (d) is TIER 3

PC 261.5 unlawful sexual intercourse with minor/statutory rape (TIER 1 - EFFECTIVE JANUARY 1, 2026)

• PC 261.5(a): general statutory rape
• PC 261.5(b): adult over 21 with minor under 16
• PC 261.5(c): person more than 3 years older than minor
• PC 261.5(d): minor more than 3 years older than other minor
• EXCEPTION: NOT required to register if you were not more than 10 years older than the minor AND this is your only registerable offense
• EFFECTIVE DATE: Registration requirement begins January 1, 2026 for offenses occurring on or after that date

PC 314(1) or (2) indecent exposure (TIER 1 if misdemeanor or non-aggravated felony)

• Subdivision 1: willfully and lewdly exposing person or private parts in public place
• Subdivision 2: procuring, counseling, or assisting indecent exposure

PC 647.6 annoying or molesting child (TIER 1 for first conviction ONLY)

• First conviction for annoying or molesting child under 18
• NOTE: Second or subsequent conviction is TIER 2

Former PC 647(a) lewd conduct in public place (TIER 1 if misdemeanor)

PC 288.2 distributing harmful matter to minor (TIER 1 if misdemeanor)

• Misdemeanor only
• NOTE: Felony PC 288.2 is TIER 3

PC 311.11 possession of child pornography (TIER 1 if misdemeanor)

• Misdemeanor only
• NOTE: Felony PC 311.11 is TIER 3

FELONY OFFENSES NOT SERIOUS OR VIOLENT (TIER 1):

PC 266 procurement for prostitution (TIER 1)

PC 266c abduction of person under 18 for prostitution (TIER 1)

PC 272 contributing to delinquency of minor involving lewd conduct (TIER 1 if misdemeanor)

• NOTE: PC 272 with lewd/lascivious conduct as FELONY is TIER 3

PC 286 sodomy (TIER 1 for specific non-force, non-aggravated subdivisions)

• PC 286(a): sodomy with person under 18 who is more than 3 years younger - WITHOUT FORCE (TIER 1)
• PC 286(b): sodomy with minor - UNLESS falls under Tier 2 or Tier 3 criteria (TIER 1 if no aggravating factors)
• PC 286(e): sodomy with person confined in prison or jail - WITHOUT FORCE (TIER 1)
• PC 286(j): sodomy with mentally disordered person - IF NOT violent or serious (TIER 1)
• PC 286(k): sodomy with developmentally disabled person - IF NOT violent or serious (TIER 1)
• NOTE: PC 286(c)(1) and (c)(3) are TIER 2 if NOT with child under 14
• NOTE: PC 286(g) and (h) are specifically TIER 2 by statute
• NOTE: PC 286(c)(2), (d), (f), or (i) are TIER 3

PC 287 or former PC 288a oral copulation (TIER 1 for specific non-force, non-aggravated subdivisions)

• PC 287(a): oral copulation with person under 18 who is more than 3 years younger - WITHOUT FORCE (TIER 1)
• PC 287(b): oral copulation with minor - UNLESS falls under Tier 2 or Tier 3 criteria (TIER 1 if no aggravating factors)
• PC 287(e): oral copulation with person confined in prison or jail - WITHOUT FORCE (TIER 1)
• PC 287(j): oral copulation with mentally disordered person - IF NOT violent or serious (TIER 1)
• PC 287(k): oral copulation with developmentally disabled person - IF NOT violent or serious (TIER 1)
• NOTE: PC 287(c)(1) and (c)(3) are TIER 2 if NOT with child under 14
• NOTE: PC 287(g) and (h) are specifically TIER 2 by statute
• NOTE: PC 287(c)(2), (d), (f), or (i) are TIER 3

PC 289 sexual penetration (TIER 1 for specific non-force subdivisions)

• PC 289(a)(2): sexual penetration by threat of future retaliation - IF NOT violent or serious (TIER 1 or TIER 2 depending on circumstances)
• PC 289(f): sexual penetration by threatening to use authority of public official (TIER 1 or TIER 2 depending on circumstances)
• PC 289(g): sexual penetration with person confined in prison or jail - IF NOT violent or serious (TIER 1 or TIER 2 depending on circumstances)
• PC 289(h): sexual penetration with person under 18 more than 3 years younger - WITHOUT FORCE (TIER 1)
• NOTE: PC 289(b) is specifically TIER 2 by statute
• NOTE: PC 289(a)(1), (d), (e), or (j) are TIER 3
• NOTE: PC 289(i) is TIER 3

PC 314 indecent exposure (TIER 1 for non-aggravated felony)

OUT-OF-STATE OR FEDERAL CONVICTIONS (TIER 1 if placed by DOJ)

• Under PC 290(d)(4), DOJ may place out-of-state offenders in Tier 1

COURT-ORDERED REGISTRATION under PC 290.006 (TIER 1 unless court specifies otherwise)

• If court ordered you to register under PC 290.006 discretionary registration without finding you are Tier 2 or Tier 3

How Long Must Tier 1 Registrants Register?

Minimum 10 years from date of release from custody

Under PC 290(e):

• Clock starts on date of RELEASE from incarceration, placement, commitment, or probation
• Clock TOLLS (pauses) during any subsequent incarceration
• Clock EXTENDS by 1 year for each misdemeanor FTR conviction
• Clock EXTENDS by 3 years for each felony FTR conviction
• If you commit a new registerable offense, clock RESETS to the highest tier

When Can Tier 1 Petitioners File Under PC 290.5?

After completing your minimum 10-year period, calculated under PC 290(e), you may petition the court to terminate registration under PC 290.5.

TIER 2: MINIMUM 20 YEARS REGISTRATION

Who is Tier 2?

Under PC 290(d)(2)(A), you are Tier 2 if:

Your conviction is for an offense described in PC 290(c) that is ALSO:

1. A "serious felony" under PC 1192.7(c), OR
2. A "violent felony" under PC 667.5(c), OR
3. One of the specific offenses enumerated in PC 290(d)(2)(A)

AND

Your conviction is NOT specifically listed as Tier 3 in PC 290(d)(3)

Complete Exhaustive List of Tier 2 Offenses:

OFFENSES SPECIFICALLY DESIGNATED TIER 2 BY STATUTE:

PC 285 incest (TIER 2 regardless of serious/violent designation)

• Sexual intercourse between persons related within degrees wherein marriage is prohibited
• Tier 2 by specific statutory designation

PC 286(g) or (h) sodomy with substantial age difference (TIER 2 by statute)

• PC 286(g): sodomy with child under 14 and defendant more than 10 years older (TIER 2)
• PC 286(h): sodomy with child 14 or 15 and defendant at least 10 years older (TIER 2)
• Tier 2 regardless of serious/violent designation

PC 287(g) or (h) or former PC 288a(g) or (h) oral copulation with substantial age difference (TIER 2 by statute)

• PC 287(g): oral copulation with child under 14 and defendant more than 10 years older (TIER 2)
• PC 287(h): oral copulation with child 14 or 15 and defendant at least 10 years older (TIER 2)
• Tier 2 regardless of serious/violent designation

PC 289(b) sexual penetration of incapacitated person (TIER 2 by specific statutory designation)

• Sexual penetration where victim is incapable of giving legal consent because of mental disorder or developmental or physical disability
• Tier 2 by specific statutory designation

PC 647.6 annoying or molesting child - SECOND OR SUBSEQUENT CONVICTION (TIER 2)

• Second or subsequent conviction for PC 647.6 that was brought and tried separately
• First conviction is TIER 1; second bumps to TIER 2

SERIOUS/VIOLENT FELONIES THAT ARE ALSO REGISTERABLE AND NOT TIER 3:

PC 261 rape (TIER 2 for specific subdivisions NOT enhanced and NOT Tier 3)

• PC 261(a)(1): rape of person incapable due to mental disorder or developmental or physical disability (TIER 2)
• IF NOT punished under PC 264(c)(1) or (2) which would make it TIER 3

• PC 261(a)(5): rape by fraud/impersonation - victim believes perpetrator is someone else (TIER 2)
• Accomplished when victim submits under belief that person committing act is someone known to victim other than accused, and belief induced by artifice, pretense, or concealment
• IF NOT punished under PC 264(c)(1) or (2) which would make it TIER 3

• PC 261(a)(6): rape by threat to retaliate in future (TIER 2)
• Accomplished by threatening to retaliate in future against victim or another, with reasonable possibility perpetrator will execute threat
• IF NOT punished under PC 264(c)(1) or (2) which would make it TIER 3

• PC 261(a)(7): rape by threatening to use authority of public official (TIER 2)
• Accomplished by threatening to use authority of public official to incarcerate, arrest, or deport victim or another, and victim has reasonable belief perpetrator is public official
• IF NOT punished under PC 264(c)(1) or (2) which would make it TIER 3

• NOTE: PC 261(a)(2) rape by force, PC 261(a)(3) rape by intoxication, and PC 261(a)(4) rape of unconscious person are TIER 3
• NOTE: PC 261 punished under PC 264(c)(1) or (2) enhanced punishment is TIER 3

Former PC 262 spousal rape (TIER 2 in limited circumstances)

• Former PC 262 spousal rape - IF NOT paragraph (1) of subdivision (a) by force, which is TIER 3

PC 286 sodomy (TIER 2 for circumstances making it serious/violent but NOT Tier 3)

• PC 286(c)(1): sodomy where victim incapable due to mental disorder/developmental or physical disability OR victim unconscious (TIER 2)
• IF NOT with child under 14 (which would be TIER 3)

• PC 286(c)(3): sodomy by force/violence/duress/menace/fear (TIER 2)
• IF NOT with child under 14 (which would be PC 286(c)(2) = TIER 3)

• NOTE: PC 286(c)(2) forcible sodomy with child under 14 is TIER 3
• NOTE: PC 286(d), (f), or (i) are TIER 3
• NOTE: PC 286 elevated to serious felony by GBI/firearm/deadly weapon use BUT not specifically Tier 3 would be TIER 2

PC 287 or former PC 288a oral copulation (TIER 2 for circumstances making it serious/violent but NOT Tier 3)

• PC 287(c)(1): oral copulation where victim incapable due to mental disorder/developmental or physical disability OR victim unconscious (TIER 2)
• IF NOT with child under 14 (which would be TIER 3)

• PC 287(c)(3): oral copulation by force/violence/duress/menace/fear (TIER 2)
• IF NOT with child under 14 (which would be PC 287(c)(2) = TIER 3)

• NOTE: PC 287(c)(2) forcible oral copulation with child under 14 is TIER 3
• NOTE: PC 287(d), (f), or (i) are TIER 3
• NOTE: PC 287 elevated to serious felony by GBI/firearm/deadly weapon use BUT not specifically Tier 3 would be TIER 2

PC 288(a) lewd acts with child under 14 - FIRST CONVICTION ONLY (TIER 2)

• PC 288(a): lewd or lascivious act with child under 14 - FIRST CONVICTION (TIER 2)
• PC 1192.7(c)(6) lists PC 288 as serious felony
• PC 667.5(c)(6) lists PC 288(a) or (b) as violent felony
• NOTE: Second PC 288(a) conviction in separate proceeding is TIER 3
• NOTE: PC 288(b) or (c) are TIER 3

PC 289 sexual penetration (TIER 2 in specific circumstances)

• PC 289(b): sexual penetration where victim incapable due to mental disorder or developmental or physical disability (TIER 2 by specific designation)
• PC 289(a)(2): sexual penetration by threat to retaliate (TIER 1 or TIER 2 depending on whether deemed serious/violent)
• PC 289(f): sexual penetration by threat to use authority of public official (TIER 1 or TIER 2 depending on circumstances)
• PC 289(g): sexual penetration with person confined in prison or jail (TIER 1 or TIER 2 depending on circumstances)
• PC 289(h): sexual penetration with person under 18 more than 3 years younger (TIER 1 or TIER 2 depending on circumstances)

• NOTE: PC 289(a)(1) sexual penetration by force is TIER 3
• NOTE: PC 289(d), (e), or (j) are TIER 3

REGISTERABLE OFFENSES ELEVATED TO SERIOUS/VIOLENT FELONIES BY ENHANCEMENTS (TIER 2):

ANY PC 290(c) OFFENSE + GBI ENHANCEMENT (becomes TIER 2)

• Under PC 1192.7(c)(8): any felony where defendant personally inflicts great bodily injury on person other than accomplice, charged and proved under PC 12022.7, 12022.8, or 12022.9
• IF the underlying offense is TIER 1 BUT you had GBI charged and proved, you become TIER 2
• UNLESS the underlying offense is specifically TIER 3

ANY PC 290(c) OFFENSE + FIREARM USE ENHANCEMENT (becomes TIER 2)

• Under PC 1192.7(c)(8): any felony where defendant personally uses firearm, charged and proved under PC 12022.3(a), 12022.5, or 12022.55
• IF the underlying offense is TIER 1 BUT you had firearm use charged and proved, you become TIER 2
• UNLESS the underlying offense is specifically TIER 3

ANY PC 290(c) OFFENSE + DANGEROUS OR DEADLY WEAPON USE (becomes TIER 2)

• Under PC 1192.7(c)(23): any felony where defendant personally used dangerous or deadly weapon
• IF the underlying offense is TIER 1 BUT you personally used weapon, you become TIER 2
• UNLESS the underlying offense is specifically TIER 3

OUT-OF-STATE OR FEDERAL CONVICTIONS (TIER 2):

OUT-OF-STATE CONVICTIONS placed in Tier 2 by DOJ

• Under PC 290(d)(4)(A): out-of-state offense assessed as equivalent to California registerable offense that would be Tier 2
• Under PC 290(d)(4)(B): out-of-state offense with no California equivalent defaults to TIER 2 UNLESS you meet Tier 3 criteria

COURT-ORDERED REGISTRATION found to be Tier 2

• Under PC 290.006(b): court ordered registration with finding that you are Tier 2

How Long Must Tier 2 Registrants Register?

Minimum 20 years from date of release from custody

Same tolling and extension rules as Tier 1 under PC 290(e).

When Can Tier 2 Petitioners File Under PC 290.5?

After completing your minimum 20-year period, calculated under PC 290(e), you may petition the court to terminate registration under PC 290.5.

TIER 3: LIFETIME REGISTRATION

Who is Tier 3?

Under PC 290(d)(3), you are Tier 3 if ANY ONE of 22 categories applies to you.

Complete Exhaustive List of All 22 Tier 3 Categories:

CATEGORY A: SUBSEQUENT VIOLENT FELONY CONVICTION (TIER 3)

PC 290(d)(3)(A): Following conviction of a registerable offense, you were subsequently convicted in a separate proceeding of committing:

1. An offense described in PC 290(c) that is ALSO a violent felony under PC 667.5(c), OR
2. An offense for which you were ordered to register under PC 290.006 discretionary registration that is ALSO a violent felony under PC 667.5(c)

What this means: If you have two separate sex offense convictions, and the second one is a violent felony, you are TIER 3 lifetime.

CATEGORY B: SEXUALLY VIOLENT PREDATOR COMMITMENT (TIER 3)

PC 290(d)(3)(B): You were committed to a state mental hospital as a sexually violent predator (SVP) pursuant to Welfare and Institutions Code section 6600 et seq.

What this means: SVP civil commitment = automatic TIER 3 lifetime.

CATEGORY C: CONVICTION OF SPECIFIC ENUMERATED OFFENSES (TIER 3)

PC 290(d)(3)(C) lists 16 specific offense categories that are automatic Tier 3:

C(i): PC 187 murder during sex offense (TIER 3)

• PC 187 murder while attempting to commit or committing rape (PC 261), sodomy (PC 286), oral copulation (PC 287), lewd acts with child (PC 288), sexual penetration (PC 289), or former oral copulation (PC 288a)

C(ii): PC 207 or 209 kidnapping with intent to commit sex offense (TIER 3)

• PC 207 or 209 kidnapping with intent to violate PC 261, 286, 287, 288, 289, or former PC 288a

C(iii): PC 220 assault with intent to commit specified felony (TIER 3)

• PC 220 assault with intent to commit rape, sodomy, oral copulation, lewd acts with child, sexual penetration (except assault to commit mayhem)

C(iv): PC 266h(b) pimping a minor (TIER 3)

• Subdivision (b) of PC 266h: pimping a minor under 18

C(v): PC 266i(b) pandering a minor (TIER 3)

• Subdivision (b) of PC 266i: pandering a minor under 18

C(vi): PC 266j taking person for prostitution (TIER 3)

• PC 266j: taking person to any house or place against their will for prostitution, or receiving/harboring with intent for prostitution

C(vii): PC 267 abduction of person under 18 for prostitution (TIER 3)

• PC 267: taking person under 18 from parent/guardian without consent for prostitution

C(viii): PC 269 aggravated sexual assault of child (TIER 3)

• PC 269: aggravated sexual assault of child under 14 (or minor 14-15) with enumerated aggravating factors

C(ix): PC 288(b) or (c) aggravated lewd acts (TIER 3)

• PC 288(b): lewd acts with child under 14 by use of force, violence, duress, menace, or fear (TIER 3)
• PC 288(c): lewd acts with child 14 or 15 when defendant at least 10 years older (TIER 3)

C(x): PC 288.2 distributing harmful matter to minor with intent to seduce - FELONY (TIER 3)

• PC 288.2: distributing, sending, showing harmful matter to minor with intent to seduce (FELONY only)
• NOTE: Misdemeanor PC 288.2 is TIER 1

C(xi): PC 288.3 contacting minor to commit felony sex offense (TIER 3 in most circumstances)

• PC 288.3: contacting minor to commit felony sex offense (TIER 3)
• EXCEPTION: NOT Tier 3 if committed with intent to commit ONLY PC 286(b), 287(b), former PC 288a(b), or PC 289(h) or (i) - those are TIER 1

C(xii): PC 288.4 arranging meeting with minor for lewd purpose (TIER 3)

• PC 288.4: arranging meeting with minor for lewd purpose and going to meeting place at meeting time

C(xiii): PC 288.5 continuous sexual abuse of child (TIER 3)

• PC 288.5: continuous sexual abuse of child under 14 over period of at least 3 months

C(xiv): PC 288.7 sexual acts with child 10 or younger (TIER 3)

• PC 288.7(a): sexual intercourse or sodomy with child 10 or younger (TIER 3)
• PC 288.7(b): oral copulation or sexual penetration with child 10 or younger (TIER 3)

C(xv): PC 653f(c) solicitation to commit certain sex offenses (TIER 3)

• Subdivision (c) of PC 653f: soliciting murder, rape, sodomy, oral copulation, lewd acts, or sexual penetration

C(xvi): PC 667.61 life sentence (TIER 3)

• Any offense for which you were sentenced to life term pursuant to PC 667.61

CATEGORY D: HIGH SARATSO RISK LEVEL (TIER 3)

PC 290(d)(3)(D): Your risk level on the Static Risk Assessment Tool for Sex Offenders (SARATSO) is "well above average risk" at the time of release on the index sex offense into the community.

What this means: Even if your offense would otherwise be TIER 1 or TIER 2, if DOJ assesses you as "well above average risk" on SARATSO at time of release, you are TIER 3 lifetime.

CATEGORY E: HABITUAL SEX OFFENDER (TIER 3)

PC 290(d)(3)(E): You are a habitual sex offender pursuant to PC 667.71.

What this means: If court found you to be habitual sex offender under PC 667.71, you are TIER 3 lifetime.

CATEGORY F: TWO SEPARATE PC 288(a) CONVICTIONS (TIER 3)

PC 290(d)(3)(F): You were convicted of violating subdivision (a) of PC 288 (lewd acts with child under 14) in two proceedings brought and tried separately.

What this means: First PC 288(a) conviction = TIER 2. Second PC 288(a) conviction in separate case = TIER 3 lifetime.

CATEGORY G: SENTENCED TO 15-25 YEARS TO LIFE UNDER PC 667.61 (TIER 3)

PC 290(d)(3)(G): You were sentenced to 15 to 25 years to life for an offense listed in PC 667.61.

What this means: PC 667.61 enhanced sentence of 15-25 to life = TIER 3 lifetime.

CATEGORY H: REQUIRED TO REGISTER UNDER PC 290.004 (TIER 3)

PC 290(d)(3)(H): You are required to register pursuant to PC 290.004.

What this means: Mentally disordered sex offenders (MDSO) or persons found not guilty by reason of insanity (NGI) for registerable offense = TIER 3 lifetime.

CATEGORY I: FELONY HUMAN TRAFFICKING (TIER 3)

PC 290(d)(3)(I): You were convicted of a felony offense described in subdivision (b) or (c) of PC 236.1.

What this means:

• PC 236.1(b): human trafficking of minor for commercial sex act (felony) = TIER 3
• PC 236.1(c): human trafficking with intent to obtain forced labor/services or to effect certain sex offenses (felony) = TIER 3

CATEGORY J: FELONY SEXUAL BATTERY WITH AGGRAVATING FACTORS (TIER 3)

PC 290(d)(3)(J): You were convicted of a felony offense described in subdivision (a), (c), or (d) of PC 243.4.

What this means:

• PC 243.4(a) felony: sexual battery while victim restrained = TIER 3
• PC 243.4(c) felony: sexual battery on institutionalized disabled person = TIER 3
• PC 243.4(d) felony: sexual battery causing victim to masturbate/touch while unconscious = TIER 3
• NOTE: PC 243.4 misdemeanor is TIER 1

CATEGORY K: RAPE UNDER PC 261 WITH AGGRAVATING FACTORS (TIER 3)

PC 290(d)(3)(K): You were convicted of violating:

1. Paragraph (2) of subdivision (a) of PC 261: rape by force, violence, duress, menace, or fear (TIER 3), OR
2. Paragraph (3) of subdivision (a) of PC 261: rape by intoxication/anesthesia/controlled substance (TIER 3), OR
3. Paragraph (4) of subdivision (a) of PC 261: rape of unconscious person (TIER 3), OR
4. You were convicted of violating PC 261 (any subdivision) AND punished pursuant to paragraph (1) or (2) of subdivision (c) of PC 264 enhanced punishment (TIER 3)

What this means:

• PC 261(a)(2): rape by force = TIER 3
• PC 261(a)(3): rape by intoxication = TIER 3
• PC 261(a)(4): rape of unconscious person = TIER 3
• PC 264(c)(1): or (2) enhanced punishment for rape = TIER 3
• NOTE: PC 261(a)(1), (a)(5), (a)(6), or (a)(7) without PC 264(c) enhancement are TIER 2

CATEGORY L: FORMER PC 262 SPOUSAL RAPE BY FORCE (TIER 3)

PC 290(d)(3)(L): You were convicted of violating paragraph (1) of subdivision (a) of former PC 262.

What this means: Former PC 262(a)(1) spousal rape by force = TIER 3

CATEGORY M: PC 264.1 RAPE IN CONCERT (TIER 3)

PC 290(d)(3)(M): You were convicted of violating PC 264.1.

What this means: PC 264.1 rape or sexual penetration in concert = TIER 3 lifetime

CATEGORY N: LEWD OR LASCIVIOUS CONDUCT UNDER PC 272 (TIER 3)

PC 290(d)(3)(N): You were convicted of any offense involving lewd or lascivious conduct under PC 272.

What this means: PC 272 contributing to delinquency of minor involving lewd conduct = TIER 3

• NOTE: This appears to apply to felony PC 272 with lewd conduct element

CATEGORY O: PC 286 SODOMY WITH SPECIFIC AGGRAVATING FACTORS (TIER 3)

PC 290(d)(3)(O): You were convicted of violating:

1. Paragraph (2) of subdivision (c) of PC 286: sodomy by force with child under 14 (TIER 3), OR
2. Subdivision (d) of PC 286: sodomy by threat to retaliate (TIER 3), OR
3. Subdivision (f) of PC 286: sodomy by fraud/impersonation (TIER 3), OR
4. Subdivision (i) of PC 286: sodomy by intoxication (TIER 3)

What this means:

• PC 286(c)(2): forcible sodomy with child under 14 = TIER 3
• PC 286(d): sodomy by threat = TIER 3
• PC 286(f): sodomy by fraud = TIER 3
• PC 286(i): sodomy by intoxication = TIER 3
• NOTE: PC 286(c)(1) or (c)(3) without child under 14 are TIER 2
• NOTE: PC 286(g) or (h) are specifically TIER 2

CATEGORY P: PC 287/288a ORAL COPULATION WITH SPECIFIC AGGRAVATING FACTORS (TIER 3)

PC 290(d)(3)(P): You were convicted of violating:

1. Paragraph (2) of subdivision (c) of PC 287 or former PC 288a: oral copulation by force with child under 14 (TIER 3), OR
2. Subdivision (d) of PC 287 or former PC 288a: oral copulation by threat to retaliate (TIER 3), OR
3. Subdivision (f) of PC 287 or former PC 288a: oral copulation by fraud/impersonation (TIER 3), OR
4. Subdivision (i) of PC 287 or former PC 288a: oral copulation by intoxication (TIER 3)

What this means:

• PC 287(c)(2): forcible oral copulation with child under 14 = TIER 3
• PC 287(d): oral copulation by threat = TIER 3
• PC 287(f): oral copulation by fraud = TIER 3
• PC 287(i): oral copulation by intoxication = TIER 3
• NOTE: PC 287(c)(1) or (c)(3) without child under 14 are TIER 2
• NOTE: PC 287(g) or (h) are specifically TIER 2

CATEGORY Q: PC 289 SEXUAL PENETRATION WITH SPECIFIC AGGRAVATING FACTORS (TIER 3)

PC 290(d)(3)(Q): You were convicted of violating:

1. Paragraph (1) of subdivision (a) of PC 289: sexual penetration by force (TIER 3), OR
2. Subdivision (d) of PC 289: sexual penetration of unconscious person (TIER 3), OR
3. Subdivision (e) of PC 289: sexual penetration by fraud/impersonation (TIER 3), OR
4. Subdivision (j) of PC 289: sexual penetration with mentally disordered or developmentally disabled person (TIER 3)

What this means:

• PC 289(a)(1): sexual penetration by force = TIER 3
• PC 289(d): sexual penetration of unconscious = TIER 3
• PC 289(e): sexual penetration by fraud = TIER 3
• PC 289(j): sexual penetration with mentally disabled = TIER 3
• NOTE: PC 289(b) is specifically TIER 2
• NOTE: PC 289(a)(2), (f), (g), (h) may be TIER 1 or TIER 2

CATEGORY R: FELONY CHILD PORNOGRAPHY (TIER 3)

PC 290(d)(3)(R): You were convicted of:

1. A felony violation of PC 311.1 (possession or distribution of child pornography) (TIER 3), OR
2. A felony violation of PC 311.11 (possession of child pornography) (TIER 3), OR
3. Violating subdivision (b), (c), or (d) of PC 311.2 (distribution, exhibition, production of child pornography) (TIER 3), OR
4. PC 311.3 (sexual exploitation of child) (TIER 3), OR
5. PC 311.4 (employment of minor for pornographic purposes) (TIER 3), OR
6. PC 311.10 (advertising child pornography) (TIER 3)

What this means:

• PC 311.1 felony = TIER 3
• PC 311.11 felony = TIER 3 (misdemeanor PC 311.11 is TIER 1)
• PC 311.2(b), (c), or (d) = TIER 3
• PC 311.3 = TIER 3
• PC 311.4 = TIER 3
• PC 311.10 = TIER 3

How Long Must Tier 3 Registrants Register?

LIFETIME - no petition available under PC 290.5

Tier 3 registrants register for life with NO ability to petition for termination under PC 290.5.

What Relief Is Available to Tier 3 Registrants?

Tier 3 registrants CANNOT use PC 290.5 but CAN pursue:

1. PC 1473.7(a)(1) - conviction vacation based on immigration prejudicial error
2. PC 1473.7(a)(2) - conviction vacation based on newly discovered evidence of actual innocence
3. PC 1473.7(a)(3) - conviction vacation based on racial, ethnic, or national-origin bias (PC 745 violation)
4. Habeas corpus - conviction vacation based on constitutional violations
5. Challenge to Tier 3 designation - if your Tier 3 is based ONLY on SARATSO "well above average" risk assessment, you can challenge the validity of that assessment

CRITICAL: If you vacate your conviction via PC 1473.7 or habeas corpus, your registration obligation AUTOMATICALLY TERMINATES because there is no valid underlying conviction.

PART II: PC 290.5 PETITION TO TERMINATE REGISTRATION

For Tier 1 and Tier 2 Registrants Only

Q1: When can I file a PC 290.5 petition?

You can file after you complete your minimum registration period calculated under PC 290(e):

• Tier 1: After 10 years from date of release
• Tier 2: After 20 years from date of release

Your minimum period:

• STARTS on date of release from incarceration, placement, commitment, or probation
• TOLLS (pauses) during any subsequent incarceration (but not mere arrests)
• EXTENDS by 1 year for each misdemeanor FTR failure to register conviction
• EXTENDS by 3 years for each felony FTR conviction
• RESETS if you commit new registerable offense (new period starts from new release date at highest tier)

Q2: What must I include in my petition?

PC 290.5(a)(1) requires:

• Proof of current registration as sex offender (registration receipts, DOJ tier letter)
• Personal declaration stating facts supporting termination
• Evidence of rehabilitation (see Q4)

Q3: Where and how do I file?

• File in superior court in county where you are registered

Serve:

• The registering law enforcement agency
• The local district attorney
• The law enforcement agency of county of conviction (if different)
• The district attorney of county of conviction (if different)

Q4: What evidence should I include with my petition?

SARATSO assessment showing current risk level (most important)

Treatment completion certificates

• CASOMB-certified sex offender treatment program
• Certificates showing successful completion
• Progress notes or therapist letters

Employment records

• Letters from employers showing stable work history
• Pay stubs showing continuous employment
• Business licenses if self-employed

Housing documentation

• Lease agreements showing stable residence
• Property ownership records
• Letters from landlords

Character letters

• From employers
• From neighbors
• From clergy or community leaders
• From family members

Community service records

• Volunteer work
• Charitable contributions
• Community involvement

Educational or vocational certificates

• Degrees, diplomas, certificates
• Proof of ongoing education

Clean record documentation

• No new arrests or convictions
• Perfect registration compliance (no FTR violations)
• Probation or parole discharge letters showing successful completion

Family ties

• Marriage certificate
• Birth certificates of children
• Evidence of caregiving responsibilities

Q5: What happens after I file?

Within 60 days of receipt, law enforcement agencies must report to court and DA whether you have met the PC 290(e) minimum period requirement.

The DA then has 60 days from those reports to request a hearing.

Q6: When can the DA block my petition and request a hearing?

PC 290.5(a)(2) allows DA to request hearing if:

1. You have NOT fulfilled the PC 290(e) minimum period requirement, OR
2. The DA asserts that community safety would be significantly enhanced by your continued registration

Q7: What exactly must the DA prove at the hearing?

The DA must prove by reasonable, credible, and solid evidence that community safety would be significantly enhanced by requiring you to continue registering.

"Significantly enhanced" means meaningful additional protection for the public.

Q8: What factors must the court consider?

PC 290.5(a)(3) requires the court to consider seven statutory factors:

1. Nature and facts of registerable offense - but NOT with singularly focused approach on old offense
2. Age and number of victims
3. Whether victim was stranger (known less than 24 hours)
4. Criminal and relevant noncriminal behavior before and after conviction
5. Time period during which person has not reoffended
6. Successful completion of CASOMB-certified sex offender treatment program
7. Person's current risk of sexual or violent reoffense - including SARATSO static, dynamic, and violence risk assessment instruments if available

Q9: What did People v. Thai say about these hearings?

People v. Thai (2023) 90 Cal.App.5th 427 established:

• Prosecution bears burden to produce reasonable, credible, solid evidence that terminating registration would appreciably increase threat to public safety
• Court may NOT take singularly focused approach on age and egregiousness of original offense
• Prosecution must present evidence of CURRENT RISK, not just reliance on decades-old offense facts
• Factor 7 (current risk) is critical - courts must focus on person's current risk today, not historical offense

Q10: What if my petition is denied?

PC 290.5(a)(4): If termination is denied, court shall set time period after which you can re-petition, which shall be:

• At least 1 year from date of denial
• But not more than 5 years from date of denial
• Based on facts presented at hearing

You can re-petition after the waiting period expires.

PART III: PC 1473.7 CONVICTION VACATION - THREE INDEPENDENT GROUNDS

Available to All Registrants Including Tier 3

Q11: What are the three grounds I can use under PC 1473.7?

PC 1473.7(a) provides three independent grounds:

GROUND 1 - PC 1473.7(a)(1): Immigration Prejudicial Error

• Conviction or sentence is legally invalid due to prejudicial error damaging your ability to meaningfully understand, defend against, or knowingly accept actual or potential adverse immigration consequences

GROUND 2 - PC 1473.7(a)(2): Newly Discovered Evidence of Actual Innocence

• Newly discovered evidence of actual innocence exists that requires vacation of conviction or sentence as matter of law or in interests of justice

GROUND 3 - PC 1473.7(a)(3): Racial, Ethnic, or National-Origin Bias

• Conviction or sentence was sought, obtained, or imposed on basis of race, ethnicity, or national origin in violation of PC 745(a)

Q12: Do I have to be an immigrant to file PC 1473.7?

NO - Only Ground 1 requires immigration consequences.

Grounds 2 and 3 have NO immigration requirement whatsoever.

If you have evidence you didn't commit the crime (Ground 2) or that your conviction was based on racial bias (Ground 3), you can file regardless of citizenship.

Q13: I'm Tier 3 lifetime. Can PC 1473.7 help me?

YES - PC 1473.7 is your PRIMARY pathway off the registry if you're Tier 3.

If you vacate your conviction under PC 1473.7 Grounds 1, 2, or 3, your registration obligation AUTOMATICALLY TERMINATES because the underlying conviction no longer exists.

Q14: What does "prejudicial error" mean under Ground 1?

It means attorney's or court's error or failure caused you to not truly comprehend immigration consequences of your plea.

You pleaded guilty without actually understanding conviction could lead to:

• Deportation
• Denial of immigration benefit
• Loss of status
• Inadmissibility
• Denial of naturalization

Q15: Do I have to prove my attorney was ineffective?

NO - PC 1473.7(a)(1) explicitly says finding of legal invalidity "may, but need not, include a finding of ineffective assistance of counsel."

You can show ANY prejudicial error that damaged your understanding, even if it doesn't rise to Sixth Amendment ineffectiveness standard.

Q16: What is the presumption of legal invalidity under PC 1473.7(e)(2)?

If you pleaded guilty under statute that provided that upon completion of specific requirements, arrest and conviction shall be deemed never to have occurred (like PC 1000 diversion), AND you complied with requirements, AND the disposition has been or could be used as basis for adverse immigration consequences:

There is rebuttable presumption that error is legally invalid.

Burden shifts to prosecution to disprove invalidity.

Q17: What is "newly discovered evidence of actual innocence" under Ground 2?

Newly discovered evidence means:

• Evidence that existed but was not known at trial, OR
• Evidence that could not have been discovered with reasonable diligence

Actual innocence means:

• Evidence tending to show you did not commit the crime
• NOT merely that you are less culpable
• Evidence must be so compelling that vacation is required as matter of law or in interests of justice

Q18: What are examples of newly discovered evidence?

• DNA exoneration: new DNA testing proves you were not perpetrator
• Witness recantation: key prosecution witness recants and states they falsely testified
• Newly discovered alibi: previously unknown witness places you elsewhere
• Brady or Giglio violation: exculpatory evidence withheld by prosecution discovered years later
• False evidence at trial: perjured testimony by police or accuser now proven false
• Factual error: evidence proves originally charged victim was actually consenting adult not minor

Q19: What does PC 745 violation mean under Ground 3?

PC 745(a) says state shall not seek or obtain criminal conviction or seek, obtain, or impose sentence on basis of race, ethnicity, or national origin.

Violation occurs if:

1. Judge, attorney, officer, expert, or juror exhibited bias or animus toward you because of race, ethnicity, or national origin
2. Racially discriminatory language was used in court during proceedings
3. Charging disparity - you were charged with more serious offense than defendants of other races with similar facts
4. Sentencing disparity - you received longer sentence than similarly situated individuals of other races

Q20: What evidence do I need to prove PC 745 violation?

Direct evidence:

• Prosecutor or judge used slurs or discriminatory language on record
• Police officer's file shows pattern of racial profiling
• Witness or juror expressed racial animus

Statistical or systemic evidence:

• Data showing prosecutors in your county sought more serious charges against defendants of your race
• Data showing longer sentences imposed for your offense against people of your race
• Expert testimony on systemic racism in prosecution

PC 745(b) notes statistical significance is factor court may consider but is NOT necessary to establish significant difference.

Q21: When must I file PC 1473.7 motions?

Ground 1 (immigration): PC 1473.7(b)(1) says motion is timely filed at any time you are no longer in criminal custody

Ground 2 and 3 (innocence and bias): PC 1473.7(c) says motion shall be filed "without undue delay" from date you discovered or could have discovered evidence

"Without undue delay" is more flexible than rigid deadlines.

Q22: Do I have to be out of custody to file PC 1473.7?

YES - PC 1473.7(a) says "person who is no longer in criminal custody may file motion to vacate."

Most courts hold "no longer in criminal custody" means not incarcerated.

Whether parole, probation, or supervised release counts as custody is debated, but generally if you're not physically incarcerated, you can file.

Q23: What happens if my PC 1473.7 motion is granted?

PC 1473.7(e)(3): If court grants motion to vacate conviction obtained through guilty or nolo contendere plea, court shall allow you to withdraw plea.

Court will:

• Vacate conviction
• Withdraw your guilty plea
• Likely dismiss case (prosecution rarely re-files)

Once conviction is vacated, registration obligation terminates automatically.

You are no longer registered sex offender.

Q24: Can I appeal if my PC 1473.7 motion is denied?

YES - PC 1473.7(f) provides order granting or denying motion is appealable.

PART IV: HABEAS CORPUS - ALL CONSTITUTIONAL GROUNDS FOR CONVICTION VACATION

Available to All Registrants Including Tier 3

Q25: What is habeas corpus?

Writ of habeas corpus is petition challenging legality of your custody or conviction based on:

• Constitutional violations
• Newly discovered evidence
• Ineffective assistance of counsel
• Legal errors that significantly impacted case outcome

Habeas petitions can be filed years after conviction and don't have same strict timelines as direct appeals.

Q26: Can I file habeas if I already lost my appeal?

YES - Even if direct appeal was unsuccessful, you can seek post-conviction relief through habeas corpus.

Habeas allows introduction of new evidence or information not part of trial record and can address issues not raised during direct appeal.

Q27: What are ALL the habeas corpus grounds that could vacate my conviction?

There are 23 categories of habeas grounds. If any one applies, your conviction may be vacated, and your registration terminates.

CATEGORY 1: INEFFECTIVE ASSISTANCE OF COUNSEL

Under Strickland v. Washington 466 U.S. 668 (1984):

1. Counsel's performance fell below objective standard of reasonableness, AND
2. Reasonable probability that but for counsel's errors, result would have been different

Examples:

• Failed to investigate alibi witnesses, crime scene, victim's background, prosecution witnesses
• Failed to retain necessary experts (forensic, mental health, DNA, medical)
• Failed to file critical pretrial motions (suppress evidence, suppress confession, Pitchess motion, sever)
• Failed to adequately cross-examine prosecution witnesses
• Failed to object to inadmissible evidence (hearsay, character evidence, uncharged acts)
• Failed to call available defense witnesses
• Failed to present available defenses (self-defense, diminished capacity, consent, mistaken identity)
• Made errors during plea negotiations (failed to convey offers, misadvised on consequences)
• Made errors at trial (inadequate opening/closing, failed to object, failed to request jury instructions)
• Had conflict of interest (representing co-defendants, prior representation of victim/witness)
• Failed to preserve issues for appeal
• Failed to investigate or present mitigating evidence at sentencing

CATEGORY 2: BRADY VIOLATIONS

Under Brady v. Maryland 373 U.S. 83 (1963):

Prosecutors must disclose all evidence favorable to accused that is material to guilt or punishment.

Examples:

• Withheld witness statements contradicting prosecution theory
• Withheld police reports showing alternative suspects, victim's false accusations history, witness inconsistencies
• Withheld lab/forensic reports (DNA excluding defendant, fingerprints excluding defendant, ballistics contradicting theory)
• Withheld evidence of third-party culpability
• Withheld impeachment evidence about prosecution witnesses (benefits received, criminal history, mental health issues)
• Withheld evidence of police misconduct
• Withheld evidence favorable at sentencing

CATEGORY 3: GIGLIO VIOLATIONS

Under Giglio v. United States 405 U.S. 150 (1972):

Prosecutors must correct false testimony and disclose impeachment evidence.

Examples:

• Key witness testified falsely and prosecutor knew or should have known
• Police testified falsely about arrest, search, defendant's statements
• Expert gave false testimony about scientific evidence
• Victim gave false testimony
• Witness falsely denied receiving benefit for testimony
• Prosecutor failed to disclose witness had agreement for favorable treatment
• Prosecutor failed to correct false testimony after learning of falsity

CATEGORY 4: PROSECUTORIAL MISCONDUCT

Examples:

• Improper statements during opening/closing (appealing to passions, misstating law, vouching for witnesses, commenting on failure to testify)
• Withheld exculpatory evidence (Brady) or used false testimony (Giglio)
• Discriminatory jury selection (Batson)
• Intimidated or threatened defense witnesses
• Made undisclosed deals with witnesses
• Knowingly introduced inadmissible evidence
• Violated discovery orders or concealed evidence
• Engaged in improper contact with jury
• Made misrepresentations to court

CATEGORY 5: BATSON VIOLATIONS

Under Batson v. Kentucky 476 U.S. 79 (1986):

Prosecutors may not exercise peremptory challenges to exclude jurors based on race, ethnicity, gender, or other protected class.

Examples:

• Struck multiple jurors of defendant's race without race-neutral reasons
• Stated reasons for strikes were pretextual
• Applied reasons inconsistently (struck jurors of defendant's race for reasons that didn't result in strikes of similarly situated jurors of other races)

CATEGORY 6: JUDICIAL MISCONDUCT OR ERROR

Examples:

• Judge made biased statements showing prejudice
• Judge failed to recuse despite conflict of interest
• Judge gave erroneous jury instructions (wrong elements, lowered burden, failed to instruct on lesser-included offenses)
• Judge improperly excluded defense evidence
• Judge improperly admitted prosecution evidence
• Judge denied right to testify
• Judge denied right to confront witnesses
• Judge denied right to compulsory process
• Judge denied right to self-representation
• Judge failed to provide interpreter
• Judge coerced guilty plea
• Judge imposed sentence based on impermissible factors

CATEGORY 7: JURY MISCONDUCT

Examples:

• Jurors discussed case before deliberations
• Jurors conducted independent investigation (visited crime scene, internet research, consulted outside sources)
• Jurors consulted outside materials during deliberations
• Jurors communicated with outside parties about case
• Jurors lied during voir dire about bias, prejudice, or relationships
• Jurors were intoxicated or under influence during trial/deliberations
• Jurors engaged in racial, ethnic, or gender bias during deliberations
• Jury foreman coerced other jurors
• Juror refused to deliberate
• Juror had undisclosed relationship with party, witness, attorney, or judge

CATEGORY 8: NEWLY DISCOVERED EVIDENCE

Evidence must be:

• Newly discovered (not available at trial and could not have been discovered with reasonable diligence)
• Credible (not cumulative or impeaching only)
• Material (would probably produce different result if presented at new trial)

Examples:

• DNA evidence excluding defendant or identifying different perpetrator
• Key witness recants testimony
• New witness comes forward with exculpatory testimony
• New scientific evidence discredits prosecution's theory
• New evidence proves physical impossibility of defendant committing crime
• New evidence shows third-party culpability
• New evidence shows victim fabricated allegations

CATEGORY 9: DUE PROCESS VIOLATIONS (FOURTEENTH AMENDMENT)

Examples:

• Denial of right to present defense theory
• Denial of right to call witnesses
• Denial of right to cross-examine witnesses (Confrontation Clause)
• Denial of right to testify
• Denial of right to counsel at critical stages
• Denial of right to impartial jury
• Denial of right to public trial
• Denial of right to speedy trial causing prejudice
• Denial of right to be informed of charges
• Use of coerced confession
• Involuntary guilty plea
• Insufficient evidence to support conviction
• Conviction based on impermissible factors (race, ethnicity, exercise of constitutional rights)

CATEGORY 10: FOURTH AMENDMENT VIOLATIONS

Examples:

• Evidence obtained without warrant where warrant required
• Evidence obtained with defective warrant (lacked probable cause, false statements in affidavit, lacked particularity)
• Evidence obtained through coerced consent
• Evidence obtained through warrantless entry without exigent circumstances
• Evidence obtained through illegal traffic stop or detention
• Evidence obtained as fruit of poisonous tree

NOTE: Stone v. Powell 428 U.S. 465 (1976) generally bars Fourth Amendment claims in federal habeas if state provided full and fair opportunity to litigate, but Fourth Amendment claims may still be raised in state habeas.

CATEGORY 11: FIFTH AMENDMENT VIOLATIONS (SELF-INCRIMINATION)

Examples:

• Police interrogated after invocation of right to remain silent (Miranda)
• Police interrogated after invocation of right to counsel (Miranda)
• Police failed to give Miranda warnings before custodial interrogation
• Prosecutor commented on failure to testify (Griffin v. California)
• Court gave improper instruction allowing adverse inference from failure to testify
• Coerced confession was used
• Defendant compelled to provide testimonial evidence

CATEGORY 12: CONFRONTATION CLAUSE VIOLATIONS (SIXTH AMENDMENT)

Examples:

• Hearsay admitted without opportunity for cross-examination (Crawford v. Washington 541 U.S. 36 (2004))
• Lab reports admitted without testimony from analyst (Melendez-Diaz v. Massachusetts 557 U.S. 305 (2009))
• Co-defendant's confession implicating defendant admitted without opportunity to cross-examine (Bruton v. United States 391 U.S. 123 (1968))
• Child victim testimony via closed-circuit TV without adequate showing of trauma
• Witness testimony admitted through surrogate without showing of unavailability

CATEGORY 13: COMPULSORY PROCESS VIOLATIONS (SIXTH AMENDMENT)

Examples:

• Court denied defendant's subpoena for defense witness without valid reason
• Court excluded defense witness testimony without proper basis
• Prosecutor intimidated or threatened defense witnesses
• Court imposed unreasonable restrictions on defendant's ability to call witnesses

CATEGORY 14: IMPARTIAL JURY VIOLATIONS (SIXTH AMENDMENT)

Examples:

• Juror had actual bias but failed to disclose during voir dire
• Juror lied during voir dire about relationship to parties/witnesses
• Juror had financial interest in outcome
• Jury venire systematically excluded protected class
• Juror had fixed opinion about defendant's guilt before trial

CATEGORY 15: RIGHT TO COUNSEL VIOLATIONS (SIXTH AMENDMENT)

Examples:

• Complete denial of counsel at critical stage
• Denial of counsel of choice without valid reason
• Conflict of interest by counsel not waived
• State interference with attorney-client relationship

CATEGORY 16: SPEEDY TRIAL VIOLATIONS (SIXTH AMENDMENT)

Factors: length of delay, reason for delay, whether defendant asserted right, prejudice from delay

Examples:

• Lengthy delay between arrest and trial with no valid justification causing prejudice (witnesses unavailable, memories faded, evidence lost)

CATEGORY 17: PUBLIC TRIAL VIOLATIONS (SIXTH AMENDMENT)

Examples:

• Courtroom closed to public and press without adequate justification
• Closure order broader than necessary to protect interest

CATEGORY 18: SENTENCING ERRORS

Examples:

• Conviction based on plea agreement promising specific sentence but court imposed different sentence without allowing withdrawal
• Court failed to advise of mandatory consequences (sex offender registration, immigration, parole)
• Sentence based on impermissible factors (race, ethnicity, exercise of rights)
• Sentence violated Sixth Amendment (Apprendi v. New Jersey 530 U.S. 466 (2000); Blakely v. Washington 542 U.S. 296 (2004)) - sentence based on facts not found by jury beyond reasonable doubt

CATEGORY 19: COMPETENCY VIOLATIONS

Examples:

• Defendant incompetent to stand trial (lacked sufficient present ability to consult with lawyer or lacked rational/factual understanding of proceedings) but trial proceeded
• Court failed to conduct competency hearing despite evidence raising doubt
• Court found defendant competent based on inadequate evaluation
• Defendant incompetent to enter guilty plea
• Defendant under influence of drugs/alcohol at time of plea
• Defendant suffered from mental illness affecting ability to understand plea

CATEGORY 20: ACTUAL INNOCENCE AS GATEWAY

Under Schlup v. Delo 513 U.S. 298 (1995):

Actual innocence can serve as gateway to allow habeas court to consider claims that would otherwise be procedurally barred.

Petitioner must show more likely than not that no reasonable juror would have convicted in light of new evidence.

Examples:

• New DNA evidence excluding defendant
• Multiple witnesses recanting
• New evidence proving alibi
• New evidence proving third-party guilt

CATEGORY 21: STRUCTURAL ERRORS (AUTOMATIC REVERSAL)

Certain errors so fundamental they require automatic reversal without showing of prejudice:

Examples:

• Complete denial of right to counsel
• Biased judge
• Racial discrimination in grand jury or petit jury selection
• Denial of right to self-representation
• Denial of right to public trial
• Defective reasonable-doubt instruction that lowered prosecution's burden

CATEGORY 22: JURISDICTIONAL DEFECTS

Examples:

• Offense occurred outside California and California court lacked jurisdiction
• Statute of limitations expired before charges filed
• Double jeopardy - defendant prosecuted twice for same offense (Fifth Amendment)
• Prior conviction that is predicate for current conviction was invalid

CATEGORY 23: OTHER CONSTITUTIONAL VIOLATIONS

Any constitutional violation that rendered trial fundamentally unfair or deprived defendant of fair process:

Examples:

• Violations of equal protection
• Violations of ex post facto clause
• Violations of cruel and unusual punishment
• Violations of right to freedom of speech or religion
• Violations of right to privacy

Q28: Do I have to be in custody to file habeas corpus?

For California state habeas under PC 1473 et seq., you generally must be in actual or constructive custody (parole, probation) to file.

Sex offender registration alone has been held by most courts NOT to constitute custody for habeas purposes, though there are exceptions and ongoing legal developments.

For federal habeas under 28 U.S.C. § 2254, you must be in custody at time of filing, but custody defined broadly to include parole.

Q29: What are timing rules for habeas corpus?

State habeas: No strict statute of limitations but courts favor reasonable diligence; may deny untimely petitions unless actual innocence or error of constitutional magnitude

Federal habeas: One-year statute of limitations from when state conviction becomes final (usually when US Supreme Court denies certiorari or time to seek certiorari expires), or from date new evidence discovered if based on newly discovered evidence

Q30: What happens if my habeas petition is granted?

Court may:

• Vacate conviction (case dismissed entirely OR new trial OR opportunity to re-plead)

Once sex offense conviction vacated via habeas, registration obligation terminates.

You are no longer registered sex offender.

PART V: OTHER CONVICTION VACATION MECHANISMS

Q31: PC 1016.5 - Immigration Advisement Failure

PC 1016.5 requires court (not attorney) to give specific advisement before guilty plea:

"If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States."

If court failed to provide this warning on record, you can move to vacate judgment and withdraw plea.

Difference from PC 1473.7(a)(1): PC 1016.5 focuses narrowly on court failure to warn; PC 1473.7(a)(1) covers any prejudicial error by court or attorney.

Advantage: If record shows no advisement, relief nearly automatic.

Disadvantage: Narrow scope.

You can file both PC 1016.5 and PC 1473.7 motions - they are independent remedies.

Q32: PC 1018 - Motion to Withdraw Plea

PC 1018 allows withdrawal of plea for "good cause" before judgment or within 6 months of probation sentence.

Good cause includes entering plea without understanding consequences.

If attorney never explained you would register for 20 years or life, said registration wasn't big deal, or failed to explain collateral consequences, you could argue good cause.

Advantage: Doesn't require prejudicial error damaging understanding (just "good cause")

Disadvantage: Strict timing - must file before judgment or within 6 months of probation grant

PART VI: STRATEGIC SYNTHESIS & EVIDENCE GATHERING

Q33: I completed my minimum registration period. Should I use PC 290.5, PC 1473.7, or habeas?

Use PC 290.5 if:

• You have met your minimum period (Tier 1: 10 years, Tier 2: 20 years)
• You have strong rehabilitation evidence (SARATSO results, treatment completion, stable employment/housing, no new offenses, community ties)
• You believe DA will not oppose or will struggle to show significant current risk

Use PC 1473.7 if:

• You have NOT completed minimum period (want early relief)
• Your conviction rests on immigration prejudicial error
• You have newly discovered evidence of actual innocence (DNA, witness recantation, Brady material)
• You can prove racial, ethnic, or national-origin bias (PC 745)
• You want to vacate conviction entirely (broader relief than just terminating registry)

Use habeas corpus if:

• You have constitutional violations (ineffective assistance, Brady, prosecutorial misconduct, Batson, etc.)
• You have newly discovered evidence of innocence
• You have trial errors that deprived you of fair trial
• You were convicted despite insufficient evidence

ALL THREE pathways are powerful and can work in parallel.

Q34: I'm Tier 3 lifetime. What are my options?

Tier 3 registrants CANNOT use PC 290.5 but CAN pursue:

1. PC 1473.7(a)(1) - immigration error
2. PC 1473.7(a)(2) - actual innocence
3. PC 1473.7(a)(3) - racial/ethnic/national-origin bias
4. Habeas corpus - constitutional violations
5. Challenge Tier 3 designation - if Tier 3 based ONLY on SARATSO "well above average" risk, challenge validity of assessment

CRITICAL: Conviction vacation = automatic registry termination

Q35: What single piece of evidence is most powerful in PC 290.5 hearing?

Current SARATSO assessment showing average risk or below average risk

People v. Thai makes clear courts must focus on CURRENT RISK, not seriousness of offense committed years before.

If you have recent SARATSO showing you're not at elevated risk today, DA's argument about egregious 20-year-old offense is severely undercut.

Q36: What evidence should I gather NOW to support future relief?

Start immediately:

• SARATSO assessment (current within 1-2 years)
• Sex-offense treatment completion certificates (CASOMB-certified program)
• Employment letters showing stable work history
• Housing records showing stable residence
• Character letters from employer, neighbors, clergy, family
• Community-service documentation
• Mental-health or therapy progress notes
• Evidence of NO violations: clean criminal record, perfect registration compliance, no FTR violations or arrests
• Education or vocational certificates
• Family or community ties: marriage certificate, children, dependents, caregiving roles

These create record of rehabilitation that courts MUST consider under PC 290.5(a)(3).

Q37: Can I use multiple pathways at the same time?

YES - You can file:

• PC 290.5 petition (if eligible)
• PC 1473.7 motion under one or more grounds
• Habeas corpus petition
• PC 1016.5 motion
• PC 1018 motion (if within timing)

All simultaneously or sequentially.

Different pathways have different requirements and different remedies.

Q38: If I win on any pathway, does my registration automatically end?

YES - If you:

• Get PC 290.5 petition granted → Court orders termination of registration
• Get PC 1473.7 motion granted → Conviction vacated → No valid conviction = no registration obligation
• Get habeas petition granted vacating conviction → Conviction vacated → No valid conviction = no registration obligation
• Get PC 1016.5 motion granted → Conviction vacated → No valid conviction = no registration obligation
• Get PC 1018 motion granted → Conviction vacated → No valid conviction = no registration obligation

Conviction vacation = automatic immediate registry termination

CONCLUSION

This FAQ provides complete exhaustive tier assignments and all pathways to registry relief for California registered sex offenders.

Key Principles:

1. Know your tier FIRST - Everything flows from whether you're Tier 1 (10 years), Tier 2 (20 years), or Tier 3 (lifetime)
2. PC 261.5 statutory rape becomes registerable January 1, 2026 as Tier 1 (10 years) with 10-year age-differential exception
3. PC 261(a)(5) and (a)(7) are TIER 2 - rape by fraud/impersonation and rape by threat to use authority of public official
4. Tier 1 and Tier 2 use PC 290.5 - After completing minimum period, petition court to terminate registration; DA must prove current risk
5. Tier 3 uses conviction vacation - PC 1473.7 (immigration error, actual innocence, racial bias) or habeas corpus (constitutional violations)
6. Conviction vacation = automatic registry termination - Any successful vacation under PC 1473.7, habeas, PC 1016.5, or PC 1018 immediately ends registration
7. Current risk matters most - People v. Thai requires focus on present risk, not historical offense facts
8. Build your record now - SARATSO assessment, treatment completion, employment stability, clean record, community ties are your ammunition

Every answer in this FAQ is grounded in California Penal Code and published case law. This is your complete roadmap to getting off California's sex offender registry.

REFERENCES

• California Penal Code sections 290, 290(c), 290(d), 290(e), 290.5, 290.004, 290.005, 290.006, 667.5(c), 1192.7(c), 1473.7, 1473, 1016.5, 1018, 745
• Senate Bill 680 (2025) - PC 261.5 registration effective January 1, 2026
• People v. Thai (2023) 90 Cal.App.5th 427
• Brady v. Maryland (1963) 373 U.S. 83
• Giglio v. United States (1972) 405 U.S. 150
• Batson v. Kentucky (1986) 476 U.S. 79
• Strickland v. Washington (1984) 466 U.S. 668
• Crawford v. Washington (2004) 541 U.S. 36
• Melendez-Diaz v. Massachusetts (2009) 557 U.S. 305
• Bruton v. United States (1968) 391 U.S. 123
• Stone v. Powell (1976) 428 U.S. 465
• Schlup v. Delo (1995) 513 U.S. 298
• Apprendi v. New Jersey (2000) 530 U.S. 466
• Blakely v. Washington (2004) 542 U.S. 296
• 28 U.S.C. § 2254 (federal habeas corpus)