court_form | California
CR-415-INFO - Information on Filing a Petition to Terminate Sex Offender Registration
Summary
Information on Filing a Petition to Terminate Sex Offender Registration
Text
Form ID: CR-415-INFO Title: Information on Filing a Petition to Terminate Sex Offender Registration Effective Date: 2021-07-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-415-INFO Primary Download URL: https://www.courts.ca.gov/documents/cr415info.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/cr415infos.pdf Form Detail Page: Information on Filing a Petition to Terminate Sex Offender Registration (CR-415-INFO) Explains the steps to take to have a court consider whether to terminate a sex offender registration requirement. Get form CR-415-INFO español Get form CR-415-INFO in Spanish (Spanish) Effective: July 1, 2021 Go to How-to instructions for Criminal Go to Information about Sex Offender Registry Termination PDF Text: Judicial Council of California, New July 1, 2021, Optional Form Pen. Code, § 290.5 Information on Filing a Petition to Terminate Sex Offender Registration CR-415-INFO, Page 1 of 4 CR-415-INFO Information on Filing a Petition to Terminate Sex Offender Registration 1 General Information 2 Do not file this information sheet with your petition. l You must continue to register as a sex offender until a court grants your request to terminate the registration requirement. You may be eligible to petition for relief under Penal Code section 290.5 if: l You may be required to register as a sex offender in another jurisdiction even if your requirement to register in California is terminated. l Am I eligible for relief under Penal Code section 290.5? 4 Are there any other requirements besides registering for my tier's minimum time period? If you are assessed as Tier 1 or Tier 2, you are only eligible to petition for relief upon reaching the end of the minimum registration period, and only if all of the following are true: You are not the subject of pending criminal charges that could extend the time to complete the registration requirements of the tier or change the tier status; l Do not file evidence that shows proof of rehabilitation unless requested by the court after the petition is filed. l This petition and proof of current registration must be filed on or after your next birthday after July 1, 2021, following the expiration of your mandated minimum registration period. l This information sheet is for registration based on convictions in adult criminal court. It does not address registration based on juvenile adjudications. l Proof of current registration is available at the registering law enforcement agency. l It is very important that you provide a reliable mailing address in your petition so that the district attorney and court can reach you. Contact the court immediately if your mailing address changes. l You are required to register as a sex offender under Penal Code section 290 et seq.; and l Your tier assignment has been determined by the Department of Justice; and l You have been assessed as being within Tier 1 or Tier 2; or You have been assessed as being within Tier 3 based solely on your assessed level of relative risk. You have registered for the minimum time period for your assigned tier. l Upon being convicted of a registrable offense, your minimum required registration period begins on the date you were released from incarceration, placement, or commitment, or released on probation or other supervision. Any misdemeanor conviction for failure to register extends the minimum time period by one year, without regard to the actual time served in custody for the conviction. Any felony conviction for failure to register extends the minimum time period by three years, without regard to the actual time served in custody for the conviction. l If the minimum registration period has not been tolled or extended, you are eligible for relief after you have registered for the following time periods: l Your tier is based on your conviction, risk assessment scores, and other factors. The Department of Justice will determine tier placement for all current registrants and will notify the law enforcement agency where you register. Registrants may request a tier notification letter from the registering law enforcement agency after January 1, 2021. l l 3 Which tier am I? How is my tier determined? l You are not in custody; and If you are... You must have registered for at least... Tier 1 (Adult) 10 years Tier 2 (Adult) 20 years Tier 2 (10-Year Registration Exception) 10 years Tier 3 (Based on Risk Level) 20 years New July 1, 2021 Information on Filing a Petition to Terminate Sex Offender Registration CR-415-INFO, Page 2 of 4 CR-415-INFO Information on Filing a Petition to Terminate Sex Offender Registration If you are assessed as coming within Tier 3 solely based on your assessed relative risk level, you are only eligible to petition for relief at the end of the minimum period of registration if all of the above factors and all of the following are true: You were not convicted of a new offense requiring sex offender registration since your release from custody following your conviction for the offense originally giving rise to your duty to register; l You were not convicted of a new offense listed in Penal Code section 667.5(c) (“violent felony”) since your release from custody following your conviction for the offense originally giving rise to your duty to register; and l You are not required to register for a conviction pursuant to Penal Code section 288 or for an offense listed in Penal Code section 1192.7(c) (“serious felony”). l 5 If I have been designated as being in Tier 2 (Adult), how do I know if I qualify for the Tier 2 10-year registration exception? For adult registrants, a small number of Tier 2 offenses qualify for a 10-year registration period, instead of 20 years. Your designation letter or proof of current registration will not tell you whether you qualify. You may qualify if you have registered for 10 years and all of the following apply: The offense involved only one victim, between the ages of 14 and 17; l You were under 21 years of age at the time of the offense; l The offense is not listed in Penal Code section 667.5(c), violent felonies, with the exception of Penal Code section 288(a), lewd or lascivious act, or in Penal Code section 236.1, false imprisonment and human trafficking; l 6 At the end of my minimum period of registration, where and how do I file my petition and proof of current registration with the court? On or after your next birthday after July 1, 2021, you may file your petition and proof of current registration as a sex offender, which you can get from the registering law enforcement agency, in the superior court in the county where you register. If you register with more than one law enforcement agency (for example, campus registration or additional residence address), you must file the petition and proof of current registration in the county of your primary residence. l Make a copy of the completed petition and proof of current registration for each law enforcement agency and district attorney’s office you (or someone on your behalf) must serve. l Contact the court clerk or check the court’s website to see if any local rules exist regarding filing and/or service of the petition and proof of current registration and ask how you can receive proof of filing. l File the petition and proof of current registration by: l 7 Who else gets a copy of the petition and proof of current registration, and how? After the petition and proof of current registration are filed with the court, you or someone on your behalf must deliver a copy of the petition and the proof of current registration to: You were not convicted of a new offense described in Penal Code section 667.5(c) since your release from custody upon conviction for the offense originally giving rise to your duty to register. l Please see for more information about the Tier 2 10-year registration exception. 5 You are not on parole, probation, postconviction supervised release, or any other form of supervised release. l Taking them to the court clerk in person; Mailing them to the court; or Depending on the court’s local rules and practices, filing them electronically. You were not convicted of a new offense requiring sex offender registration since your release from custody following your conviction for the offense originally giving rise to your duty to register; and l CR-415-INFO Information on Filing a Petition to Terminate Sex Offender Registration New July 1, 2021 Information on Filing a Petition to Terminate Sex Offender Registration CR-415-INFO, Page 3 of 4 Contact every agency that must be served to check if there is a specific person or mailing address that should receive the petition and proof of current registration. If the agencies do not get a copy, they will not be able to provide the information the court needs to consider your request, and the court may deny the request or delay its decision until it receives this information. There are three main ways to serve the petition and proof of current registration (use Proof of Service (form CR-416) to guide you on the information you need to report back to the court about how and when the petition was served): l Personal service: You may serve the petition and proof of current registration or ask someone else to do it. Go in person to hand-deliver the petition and proof of current registration to a representative of the law enforcement agency and district attorney’s office during business hours. This is the most reliable form of service. l Service by mail: Place copies of the petition and proof of current registration in a stamped, sealed envelope addressed to the law enforcement agency and district attorney’s office. Put first- class postage on the envelope and mail it by depositing the envelope with the U.S. Postal Service or at an office or business mail drop 8 Time frame for court’s decision The court will not make a decision until it hears from the law enforcement agency and the district attorney. This may take four months or longer. l The law enforcement agency has 60 days from receipt of the petition to report on your eligibility to the court and district attorney. The law enforcement agency may request more time if it discovers a conviction not previously considered by the Department of Justice. l The district attorney may request a hearing within 60 days after receiving the eligibility report from law enforcement. Once you file your petition and proof of current registration and the court gives you a case number, you can see whether the court has received and filed any responses from the law enforcement agency and the district attorney’s office by (1) looking up the case online (if the court offers remote electronic access), or (2) going in person to the court to review the case docket at a public access kiosk or on a paper file. Your petition may be denied if all law enforcement agencies and district attorney’s offices required to be served are not served. When service is complete, you or someone who served the documents on your behalf must fill out Proof of Service (form CR-416) and file it with the court. If you were convicted of a registrable offense in a different county than where you currently reside and/or register in, the petition and proof of current registration must also be delivered to the law enforcement agency and the district attorney of the county of conviction of the registrable offense. Electronic service: Contact the law enforcement agency and district attorney’s office to check if they accept electronic service and, if so, how to confirm receipt of service. The court may require proof of consent and proof of electronic service. You can use Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-CV) and Proof of Electronic Service (form EFS-050), available at www.courts.ca.gov/ forms. l Example: If you were convicted of a registrable offense in Los Angeles County but register in Orange County, you or someone on your behalf must serve the law enforcement agency and the district attorney’s office in both counties. l The district attorney in the county in which you currently register. where the mail is picked up every day and deposited with the U.S. Postal Service. Alternatively, you may mail the documents by certified mail with a return receipt requested. l The law enforcement agency with which you currently register; and If the district attorney does not request a hearing, the court must grant the petition for termination if (1) you provided proof of current registration, (2) the registering law enforcement agency reported that you met the requirements for termination, (3) there are no pending charges against you that could extend the time to complete the registration requirements of the tier or change your tier status, and (4) you are not in custody or on parole, probation, or supervised release. CR-415-INFO Information on Filing a Petition to Terminate Sex Offender Registration New July 1, 2021 Information on Filing a Petition to Terminate Sex Offender Registration CR-415-INFO, Page 4 of 4 10 Subsequent petition If the court denies your request, it will let you know how much time must pass before you can make the request again. This depends in part on your tier. l Tier 1 and 2 (Adult): At least one year from date of denial, but not to exceed five years, based on facts presented at the hearing. l Tier 2 (10-year registration exception): At least one year from date of denial. l Tier 3 (based on risk level): At least three years from date of denial. 9 Hearing The district attorney in the county where the petition is filed may request a hearing if the district attorney does not believe you have registered for the minimum time period required or if it believes that you should continue registering for community safety. A community safety hearing is required in order for the court to grant a Tier 2 10-year exception or Tier 3 risk-level petition. If the court must decide at the hearing whether you should continue to register for community safety, the court will make its decision by reviewing the facts of your case, your conduct before and after the conviction, and your current risk or sexual or violent re-offense, among other factors. The court may grant your request, deny your request, or set the request for a hearing if one is requested by the district attorney.
Retrieval chunks
-
#1
Form ID: CR-415-INFO Title: Information on Filing a Petition to Terminate Sex Offender Registration Effective Date: 2021-07-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-415-INFO Primary Download URL: https://www.courts.ca.gov/documents/cr415info.pdf Alternate Do…
-
#2
adjudications. l Proof of current registration is available at the registering law enforcement agency. l It is very important that you provide a reliable mailing address in your petition so that the district attorney and court can reach you. Contact the court immediately if your mailing address changes. l Yo…
-
#3
minimum period of registration if all of the above factors and all of the following are true: You were not convicted of a new offense requiring sex offender registration since your release from custody following your conviction for the offense originally giving rise to your duty to register; l You were not conv…
-
#4
current registration and ask how you can receive proof of filing. l File the petition and proof of current registration by: l 7 Who else gets a copy of the petition and proof of current registration, and how? After the petition and proof of current registration are filed with the court, you or someone on your…
-
#5
envelope addressed to the law enforcement agency and district attorney’s office. Put first- class postage on the envelope and mail it by depositing the envelope with the U.S. Postal Service or at an office or business mail drop 8 Time frame for court’s decision The court will not make a decision until it hears f…
-
#6
district attorney’s office in both counties. l The district attorney in the county in which you currently register. where the mail is picked up every day and deposited with the U.S. Postal Service. Alternatively, you may mail the documents by certified mail with a return receipt requested. l The law enforcement…