Megan's Law Tier System in California: What Tier 1, 2, and 3 Actually Mean for You (SB 384)

If you were convicted of a sex offense in California before 2021, you were almost certainly told the registration requirement under Penal Code § 290 was for life. That is no longer always true. Senate Bill 384 — passed in 2017 and fully effective since January 1, 2021 — created a three-tier registration system under which most people now have a realistic path off the registry.

I'm Zack McCready, criminal defense attorney at McCready Law Group. I help clients across Long Beach, Santa Ana, Fountain Valley, and throughout Southern California understand their tier assignment and, where eligible, petition the court for removal from the registry. This post explains how the SB 384 tier system actually works, which tier applies to which offenses, and what to expect from the petition process in practice.

What SB 384 Did

Before SB 384, California was one of only four states with mandatory lifetime registration for all registrable sex offenses — no matter how old the conviction, how minor the offense, or how long the person had lived offense-free. SB 384 replaced that blanket rule with a tiered system:

• Tier 1 — Minimum registration of 10 years. Lowest-level offenses.

• Tier 2 — Minimum registration of 20 years. Mid-level offenses.

• Tier 3 — Lifetime registration. Most serious offenses, including those involving force, violence, or certain victims under 14.

The tier is determined by the offense of conviction — not by the facts of the case or the registrant's behavior since. Courts look up the conviction on a statutory list and assign the tier accordingly. The California Department of Justice (DOJ) maintains an official tier assignment that registrants can request by contacting their local registering agency.

Which Offenses Fall Into Which Tier

SB 384 placed the tier assignments into Penal Code § 290(d). The lists are long and contain many exceptions, so this is a summary rather than an exhaustive list.

Tier 1 (10-year minimum)

• Misdemeanor sexual battery (PC 243.4)

• Misdemeanor indecent exposure (PC 314)

• Felony indecent exposure where the registration was ordered on a first conviction

• Certain lower-level PC 647.6 (annoying or molesting a child under 18) misdemeanor convictions

• Felony statutory rape (PC 261.5) where the victim was 16-17 and the age difference was more than 3 years

Tier 2 (20-year minimum)

• Lewd acts with a minor 14 or older (PC 288(c)(1))

• Certain oral copulation and sexual penetration offenses

• Felony PC 647.6 against a child under 14

• Non-forcible sexual acts with a victim 14 or older when accomplished through fear, fraud, or incapacity

Tier 3 (lifetime)

• Rape by force, violence, or threat (PC 261(a)(2))

• Lewd acts against a child under 14 (PC 288(a), (b))

• Continuous sexual abuse of a child (PC 288.5)

• Human trafficking offenses involving commercial sexual acts

• Any registrable offense where the registrant has a prior PC 290 conviction

• Registrants designated as Sexually Violent Predators (SVPs)

Several categories of registrants are categorically excluded from petition eligibility — most importantly, those assessed as high-risk on the Static-99R risk assessment (level III) and those with certain disqualifying priors.

When the Clock Started

The 10- or 20-year minimum registration period runs from the date of release from custody on the registrable offense, not from the date of conviction. For most registrants whose offenses occurred decades ago, the minimum period has already elapsed and they became eligible to petition on or after July 1, 2021.

The registration requirement does not end automatically when the minimum runs out. You must affirmatively file a petition for termination with the court. Until the petition is granted, you remain subject to the full § 290 registration obligations — annual registration, within 5 working days of a birthday, and within 5 working days of changing address, name, or employment.

The Petition for Termination: How It Works

The petition process is governed by PC § 290.5 and typically involves the following steps:

• Determine your tier. Request your official tier designation from the California DOJ or your local registering law enforcement agency. Do not assume — the DOJ has made errors, and some convictions straddle more than one subdivision.

• File the petition in the court of conviction. For most registrants that means the superior court in the county where the original conviction occurred. Long Beach cases are usually filed at the Long Beach Courthouse (Judge Deukmejian); Orange County cases at the Central Justice Center in Santa Ana.

• Serve the District Attorney. The DA has the right to oppose the petition. In practice, many petitions go unopposed; others are contested, particularly where the underlying offense was serious or where the registrant has subsequent convictions.

• Hearing before the court. The judge considers the nature and facts of the registrable offense, criminal history since, community safety factors, and any other relevant evidence. The standard is whether "community safety would be significantly enhanced" by continued registration — a formulation that puts the burden effectively on the DA to show why the registrant should stay on the list.

• Order granting or denying termination. If granted, the court orders DOJ to remove the registrant from the registry. If denied, the registrant must wait 1, 3, or 5 years (depending on the reason for denial) before refiling.

What Makes a Petition Likely to Succeed

Not every eligible registrant gets off the list. Factors that influence the outcome include:

• Length of offense-free time. Decades without any new sex offense or violent crime strongly favor termination.

• Static-99R risk score. Lower risk scores help; high scores can disqualify a registrant from eligibility even if the minimum years have passed.

• Compliance history. Perfect compliance with annual registration, address changes, and other PC 290 requirements is a baseline expectation.

• Age at the time of the offense. Young offenders who have matured into stable, law-abiding adults are often good candidates for termination.

• Treatment and rehabilitation. Completion of sex offender treatment, stable employment, family relationships, and letters of support build the record.

• Nature of the underlying offense. A decades-old conviction for a non-force, non-child offense is easier to petition off than a serious violent offense.

I prepare petitions the same way I prepare a trial: with a full record of the client's life since the conviction, declarations from employers and family members, treatment completion documentation, and a legal brief addressing the specific statutory factors. The quality of that package can make the difference.

What If You're Denied?

A denial is not the end of the road. Under PC 290.5, after a denial the registrant must wait 1, 3, or 5 years — depending on the court's findings — before refiling. The wait gives time to build a stronger record: more offense-free years, additional treatment, additional community ties. Many clients who are denied the first time are granted on a second petition with better preparation.

What Termination Actually Does

A granted petition under PC 290.5 ends the state registration requirement. That means:

• You no longer have to register annually with local law enforcement;

• Your name is removed from the state's internal registry and the Megan's Law public website;

• You are no longer subject to residency restrictions tied to PC 290 status;

• Your California Department of Justice record is updated.

Termination does not:

• Expunge or seal the underlying conviction — that requires a separate petition under PC 1203.4 or PC 1203.42;

• End federal registration obligations under SORNA if you move to another state;

• Restore firearm rights (generally those require a separate process);

• Remove immigration consequences for non-citizens.

Many clients pair a termination petition with a separate expungement motion to maximize the cleanup of the record.

Local Practice: Long Beach and Orange County

In Long Beach, § 290 termination petitions are filed in the Long Beach Courthouse Criminal Division and typically served on the LA County District Attorney's Habitual Offender Unit. In Orange County, petitions are filed at the Central Justice Center and served on the OCDA Sex Offender Notification and Registration Unit.

Both offices have attorneys specifically assigned to review and respond to § 290.5 petitions. The OCDA historically contests petitions more often than LA County, but both offices evaluate each petition on its merits. Hearings are generally set 60-120 days out.

If You Are on the Registry, Start the Process Now

The petition process takes months, and in some cases a year, from preparation to final order. If you are at or near your tier minimum, the sooner the petition is filed, the sooner you can be off the registry.

I review each case individually: your tier designation, your risk score, your compliance history, your record since conviction, and the strength of your community ties. I then build a petition package designed to meet your judge's expectations and address the DA's likely objections.

Call McCready Law Group at (562) 615-0402 or send me a message for a confidential consultation. If you are also facing a new registrable charge or need help with sex crime defense, I handle those as well.

Frequently Asked Questions About SB 384 and the Tier System

How do I find out what tier I'm in?

Contact the California Department of Justice, Sex Offender Registry (SOR), or the law enforcement agency where you register. You can request your official tier designation in writing. A defense attorney can also review your conviction records and tell you with reasonable confidence which tier should apply.

Can I petition if I have a conviction from another state?

Yes, if you are registering in California because of an out-of-state conviction, the tier is determined by comparing the out-of-state offense to the California offense list. Petitions are filed in the county where you currently register.

Does a DUI, theft, or other non-sex conviction since my offense disqualify me?

Not automatically. The court considers your post-conviction record, but a single misdemeanor or an old felony conviction generally will not disqualify an otherwise strong petition. Multiple convictions or recent serious crimes are a different story.

What is the Static-99R and why does it matter?

Static-99R is an actuarial risk assessment used by California to measure the risk of sexual re-offense. Scores range from -3 to +12. Higher scores mean higher statistical risk. Level III (high-risk) registrants are generally excluded from petitioning. The DOJ calculates your score based on fixed facts about the original offense, so the score usually cannot change.

How long does the process take from filing to a ruling?

Typically 4-9 months in Los Angeles County and 3-8 months in Orange County, depending on calendar congestion and whether the DA opposes the petition. Contested petitions take longer than uncontested ones.

Will I have to appear in court?

In most cases, yes. Some uncontested petitions are decided on the papers without a hearing, but contested petitions require an evidentiary hearing where testimony may be taken. Your attorney will prepare you fully.