Beginning January 1, 2021, the CA DOJ began to designate tiers for registrants. Beginning July 1, 2021 on or after their next birthday, mandated minimum requirements may petition for termination of their sex offender registration requirements in the superior court in the county in which they reside. Beginning January 1, 2022, registrants will be displayed on the Megan’s Law website per their new status under SB 384,
Not all registrants will be posted on the public website. Penal Code section 290.46 as amended under SB 384 provides the criteria for individuals to be posted to the Megan’s Law website
Tier One: 10 years
Tier Two: 20 years
Tier Three – Risk Assessment Level: 20 years*
Tier Three: Lifetime
Tier 1 requires registration as a sex offender for 10 years, or 5 years for minors. Beginning July 1 of 2021, if you have served the minimum 10 year requirement, you will be able to petition for removal from sex offender registry. Tier 1 encompasses all misdemeanor sex offenses and some non-violent felony sex offenses.
Tier 2 requires registration as a sex offender for 20 years, or 10 years for minors. Beginning July 1 of 2021, if you have served the minimum 20 year requirement, you will be able to petition for removal from sex offender registry. Tier 2 encompasses mid-level felonies that are excluded from Tier 1 and Tier 3.
Tier three requires lifetime registration as a sex offender and consists of the most serious sex offenses, including rape, sex trafficking of minors, sex crimes against children 10 and younger, and repeated sex crimes.
If the CA DOJ is not immediately able to determine the tier of a registrant, pursuant to Penal Code section 290(d)(5), a registrant is placed in a tier-to-be-determined category if their appropriate tier designation cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. (PC 290). The individual shall be given credit for any period for which they register towards their mandated minimum registration period.
The CA DOJ shall ascertain an individual’s appropriate tier designation within 24 months of their placement in
the tier-to-be-determined category.
On or after July 1, 2021, on or after their next birthday following the expiration of their mandated minimum registration period, registrants who meet the mandated minimum requirements may petition the superior court or juvenile court in the county in which they reside.
