Reaching a registration tier’s minimum does not automatically end the duty. An eligible adult must obtain a court order under Penal Code section 290.5. Before filing, identify the tier on the Department of Justice notification, calculate the time under the applicable statute, and check whether a later conviction, pending charge, or current supervision changes the result. Keep registering until the court grants relief; a petition alone does not end the obligation.
Start with the tier and the correct clock
Ask the agency where you register for your DOJ tier notification, then compare it with the conviction and release records. Adult Tier 1 generally has a 10-year minimum, Tier 2 a 20-year minimum, and Tier 3 is generally lifetime registration. A temporary “tier to be determined” designation is not a finding that ten or twenty years will suffice. The minimum is a starting point for eligibility analysis, not a removal date. (Penal Code § 290(d); California DOJ registrant FAQ)
For the ordinary Tier 1 or Tier 2 route, section 290(e) starts the minimum on release from incarceration, placement, or commitment for the registerable offense, not simply on the conviction date. Later incarceration, placement, or commitment can pause the count; an arrest that does not result in conviction, adjudication, or probation/parole revocation does not toll it. Each misdemeanor failure-to-register conviction adds one year and each felony failure-to-register conviction adds three. A new registerable conviction can restart the period and change the controlling tier. Bring counsel the dates and dispositions for each event rather than counting calendar years from a single docket entry.
Check the path that actually fits the record
| Record and tier | Eligibility question before filing |
|---|---|
| Adult Tier 1 or ordinary Tier 2 | Has the applicable minimum, including any statutory tolling or extension, expired? Under section 290.5(a)(1), the ordinary petition may be filed on or after the next birthday following expiration. |
| Possible Tier 2 ten-year exception | Section 290.5(b)(1)–(2) requires no more than one victim aged 14–17 and an offender under 21 at the offense. The original offense cannot be a section 667.5(c) violent felony (except section 288(a)) or a section 236.1 offense. The person must have registered for ten years under section 290(e), without a new registerable or section 667.5(c) conviction since release. The court also decides whether continued registration would significantly enhance community safety. A Tier 2 label alone does not confer this route. |
| Tier 3 | Section 290.5(b)(3) permits a possible petition after 20 years only for a person placed in Tier 3 solely because of risk level who has registered for twenty years under section 290(e), has no new registerable or section 667.5(c) conviction since release, and is not required to register for a section 288 conviction or an offense listed as a serious felony in section 1192.7(c). The court decides whether continued registration would significantly enhance community safety. Offense-based lifetime Tier 3 does not become petitionable merely because twenty years pass. |
These are adult registration routes. A juvenile adjudication has different triggers and minimums under Penal Code section 290.008; it should not be evaluated with an adult Tier 1/Tier 2 table. A conviction later dismissed under Penal Code section 1203.4 does not by itself stop registration under section 290.007. Exclusion from the public Megan’s Law website is also different from ending the duty to register. (California DOJ Megan’s Law FAQ)
The court still decides the petition
Under section 290.5(a), filing requires proof of current registration and agency/prosecutor notice. If no hearing is requested and the court finds the statutory conditions met, it shall grant the ordinary petition. Those conditions include proof of current registration, an agency report confirming the required period, no pending charge that could extend it or change tier status, and no custody, parole, probation, or supervised release. A pending charge does not automatically erase the existing tier or make every petition impossible; its potential effect must be examined. The district attorney may request a hearing, and the court can consider the statutory record and whether continued registration significantly enhances community safety. An expired minimum is permission to seek a decision, not a guarantee of one.
Gather the DOJ tier notice, judgments for every registerable and later case, release and supervision dates, registration records, and any current charging papers. Counsel can compare them with the statutory route before deciding when to petition or how a pending case or proposed plea might affect eligibility. For Fresno filing and service mechanics, the existing Fresno petition guide addresses that separate step. To discuss a California criminal case or registration record with the Law Offices of David S. Chesley, call (800) 755-5174.