Only a narrow group qualifies. Under Penal Code 290.46(d), the Department of Justice grants exclusion only if your sole registerable offense was against your child, stepchild, sibling, or grandchild, involved no oral copulation or penetration, and you are on probation or successfully completed it. Otherwise, a posted tier one or tier two registrant comes off the site by ending registration, and many tier one registrants are never posted.
Who is posted on the website, and who is not
Posting is set by statute, not by case-by-case discretion. Penal Code section 290.46(b) requires the Department of Justice (DOJ) to show a full home address, along with a photo, physical description, and criminal history, for every tier three registrant and for anyone convicted of an offense on that subdivision's list. Because the list is offense based, some convictions below tier three, such as a felony lewd act under Penal Code 288(a), also land in the full-address group. Subdivision (c) shows the community of residence and ZIP code, but not the street address, for tier two registrants and for anyone convicted of annoying or molesting a child under Penal Code 647.6, even at tier one.
That leaves a gap. A tier one registrant whose only conviction is neither on the subdivision (b) list nor a 647.6 conviction falls outside both posting categories, and the statute keeps information off the site when the duty to register comes from a juvenile court adjudication. Registrants in the DOJ's tier-to-be-determined category are a separate case: the statute lets the DOJ keep someone who was listed on January 1, 2022 on the site, or post ZIP code information for someone who was not, while the tier is worked out.
The DOJ's Megan's Law FAQ says it "has no discretion to exclude offenders on a case by case basis," and that the registered offense, "not the surrounding factual circumstances of the conviction," decides posting. On November 3, 2026, its statistics page counted, among registrants living in the community, 55,034 in the full-address group, 6,046 posted by ZIP code, 11,284 under "No Post (Undisclosed)," and 1,219 "Omitted per Penal Code section 290.46."
Who qualifies for exclusion under Penal Code 290.46(d)
Exclusion is an application to the DOJ under section 290.46(d). All of the following have to be true:
- The offense is your only registerable offense.
- You were the victim's parent, stepparent, sibling, or grandparent, shown by a certified copy of a probation report, presentence report, report prepared under Penal Code 288.1, or other official court document.
- The same document shows the crime "did not involve either oral copulation or penetration."
- You are on probation when you apply, or you "successfully completed probation," which the statute defines as receiving no additional county jail or state prison time for a probation violation, and no conviction for another offense resulting in a jail or prison sentence, during the probation period.
- You have given the DOJ documentation showing a SARATSO risk level of "average, below average, or very low" on the static risk instrument, a condition in force since January 1, 2012 under section 290.46(d)(3). The DOJ's application form adds that a Static-99R score higher than 3 makes you ineligible.
- You were never adjudicated a sexually violent predator; the form says a person with that adjudication cannot apply.
Tier is not on that list. A tier one or tier two designation, years without a new offense, or completed treatment does not open this route when the relationship and conduct tests are not met. The criteria used to be broader: the DOJ's SB 384 registrant FAQ says the January 1, 2022 changes included "the elimination of certain exclusion criteria," so older articles describing other exclusion categories may no longer be accurate.
How to apply with DOJ form CJIS 4046D
The application is the DOJ's Application for Exclusion from Internet Disclosure, form CJIS 4046D (revised January 2026), posted on its registration and exclusion forms page. The usual steps:
- Request certified records first. The form points to the probation department for a certified probation officer report or presentence report, and to the court for a Penal Code 288.1 report or other official court documentation. The DOJ decides based on official court documents, so these records carry the application.
- Complete the form. It asks for your full name, date of birth, driver's license or ID number, Social Security number, and a street address, and it states that P.O. boxes will not be accepted. You certify that the information is true and acknowledge that you must keep registering.
- Mail copies, not originals. The DOJ says documents sent with the form will not be returned. The address printed on the form is California Department of Justice, ATTN: California Sex Offender Registry, P.O. Box 903387, Sacramento, CA 94203-3870.
- Wait for the decision. The DOJ reviews your criminal history record along with the documents, and its forms page says processing can take 30 to 90 days or longer. The form lists (916) 210-3113 for questions about completing it.
This is an administrative application, not a court petition, and the form does not list a filing fee. Incomplete information or missing documentation, the form warns, "may delay the processing of this application and may result in denial of your application."
What exclusion does not change
Exclusion removes only the DOJ website listing. The DOJ's forms page states that registrants granted exclusion "must still register as sex offenders," and the application requires you to acknowledge that duty. Because the duty continues, a missed required registration can still lead to a failure to register charge, so keep proof of each registration, as described in how to document registration compliance.
Exclusion can also end. Under section 290.46(d)(1)(B), a probation violation after you apply that results in county jail or state prison time terminates the exclusion or the pending application, and the DOJ form says you will be reposted. Under subdivision (d)(2), an exclusion granted under an older version of the law is rescinded if you would not qualify today; the DOJ must make a reasonable effort to notify you and cannot post you sooner than 30 days after it attempts notice.
Exclusion from the DOJ site also limits local agency websites, because section 290.46(e) lets a designated law enforcement entity post a registrant online only when that person is also displayed on the DOJ's site, and Penal Code 290.45(a)(3) bars other website posting unless there is an outstanding arrest warrant. It does not stop other community notification: section 290.45(a)(1) still lets a designated law enforcement entity share information "by whatever means the entity deems appropriate" when necessary for public safety, based on that person's current risk.
If you do not qualify: ending registration under Penal Code 290.5
For a posted tier one or tier two registrant outside the family-relationship rule, the way off the website is ending the duty to register. Penal Code section 290(d) sets a minimum of 10 years for tier one and 20 years for tier two, counted under subdivision (e) from release from incarceration, placement, or commitment on the registerable offense. Under Penal Code section 290.5(a), you may then petition the superior court in the county where you are registered, on or after your next birthday after the minimum expires, with proof of current registration, and serve the registering agency and district attorney there and in the county of conviction if different. A narrower 10-year route under section 290.5(b) covers some tier two registrants who were under 21 at the time of an offense involving no more than one victim aged 14 to 17. Tolling, extensions, and hearing standards are covered in when you can petition to end registration.
The duty to register ends when the court grants the petition, and the DOJ's SB 384 FAQ says it anticipates full termination from the registry 30 to 90 days later; keep the signed order until the DOJ's confirmation letter arrives. Because the website covers people "required to register," termination removes the basis for a listing. Tier three registrants placed in that tier because of the offense cannot petition. A dismissal under Penal Code 1203.4 is not a substitute either, since section 290.007 requires registration to continue despite that kind of expungement.
How to check your status without breaking the law
Do not search the site for yourself. Section 290.46(i) makes it a crime, punishable by up to six months in county jail, a fine of up to $1,000, or both, for a person required to register to enter the Megan's Law website, and the DOJ's FAQ describes the ban as covering "the offender search functionality." Safer ways to confirm where you stand:
- Ask your registering agency for your tier notification letter, which the SB 384 FAQ says registrants may request. The website itself does not display your tier.
- Send corrections about wrong information in your listing to the DOJ at meganslaw@doj.ca.gov, the contact its FAQ gives for that purpose.
- If you believe your tier, posting category, or duty to register is wrong, note that the DOJ says it cannot give legal advice and directs registrants to a public defender's office or a private attorney.
For questions about how a particular conviction is posted or whether registration can be terminated, see the Law Offices of David S. Chesley's sex crimes defense page.