California sorts people convicted of a registerable sex offense into three tiers under Penal Code section 290, based mainly on the offense, with later convictions and some risk assessment scores also counting. Tier one has a 10 year minimum, tier two a 20 year minimum, and tier three is generally lifetime. A minimum is not an end date: registration continues until a court grants a termination petition.
What determines your tier
Your tier starts with the offense you were convicted of, but the offense is not the only factor. Penal Code section 290, subdivision (d), sorts the registerable misdemeanors and felonies into tiers and also places a person in tier three for a later violent felony conviction after a registerable offense, a commitment as a sexually violent predator, or a risk level on the state's static risk assessment tool, known as SARATSO, that was well above average at release. Before January 1, 2021, the statute required registration for life; Senate Bill 384 replaced that rule with the current three tier system. The California Department of Justice designates the tier for most registrants. When a court orders registration under Penal Code section 290.006 for an offense that does not otherwise require it, the court sets the tier, starting at tier one unless it states reasons on the record for a higher tier. The Department's SB 384 registrant FAQ says registrants can ask their local registering agency for their tier notification letter.
Tier one: the 10 year minimum
Tier one generally applies to the misdemeanor registerable offenses listed in the statute and to felony registerable offenses that are not classified as serious or violent felonies under Penal Code sections 667.5 or 1192.7. Ten years is a minimum, not an automatic end date; registration continues until a court grants a termination petition. Under section 290(e), the minimum period for tier one or tier two starts on your release from incarceration, placement, or commitment on the registerable offense and pauses during any later incarceration, though an arrest that does not lead to a conviction or a probation or parole revocation does not pause it. A tier one classification can also change: a new qualifying conviction can raise your tier even after years of compliant registration.
Tier two: the 20 year minimum
Tier two covers registerable offenses that are also serious or violent felonies under Penal Code section 667.5(c) or 1192.7(c), unless the offense is on the tier three list, along with specific offenses the Legislature named directly, including a second or later conviction for annoying or molesting a child under Penal Code section 647.6 that was brought and tried separately. The 20 year clock is also a minimum, not a guaranteed exit date, and like tier one it runs from your release on the registerable offense, not from your arrest or sentencing date. If you are convicted of another registerable offense before any order ending registration, section 290(e) applies the highest tier tied to your convictions and starts a new minimum period on your release.
Tier three: lifetime registration
Tier three requires registration for life. It applies to a defined list of registerable offenses, among them certain murder, kidnapping, felony human trafficking and child sexual abuse offenses, and to other situations the statute names, including a commitment to a state hospital as a sexually violent predator, a later violent felony conviction after an earlier registerable offense, habitual sex offender status, and a SARATSO risk level that was well above average at release. Because the list is specific rather than a general severity judgment, two offenses that sound similar in conversation, or even two different subdivisions of the same statute, can land in different tiers. A charge that was reduced, or a plea to a lesser related offense, can also change which list actually applies to your case, which is why the exact statute you were convicted under matters more than how the incident is commonly described.
Your ongoing duties do not depend on your tier
The tier changes how long you have to register, not how carefully you have to keep registering in the meantime. Every registrant, regardless of tier, has to register within five working days of coming into, or changing residence within, any city, county, or campus where they live, even temporarily, under section 290(b). Missing that window is its own separate problem from your tier classification, and it is not excused by believing your tier is close to ending; the firm's answer on documenting registration compliance covers keeping proof of each update. A conviction for failing to register also lengthens the minimum period, by one year for each misdemeanor conviction and three years for each felony conviction, under section 290(e).
Can you ever petition to end registration
Tier one and tier two registrants can petition the superior court in the county where they are registered on or after their next birthday after the mandated minimum period ends. Some tier two registrants can petition after 10 years under narrow conditions, such as an offense with no more than one victim aged 14 to 17, committed when the offender was under 21. Tier three registrants generally cannot petition; the exception is a person placed in tier three solely because of a risk assessment level, who may petition after 20 years unless the registration is for a Penal Code section 288 conviction or a serious felony listed in section 1192.7(c). Penal Code section 290.5 sets out the filing process, including a 60 day report from the registering law enforcement agency, a 60 day window for the district attorney to request a hearing, and the factors a judge weighs at a hearing, such as the nature of the offense, the age and number of victims, and completion of a certified treatment program. The exact date your own waiting period ends, and how the petition itself is filed and reviewed, is covered in more depth in When Can I Ask to End California Sex Offender Registration?
What to do now
Ask your registering agency for your tier notification letter and confirm your release date rather than relying on memory or an online estimate, since the consequences of a wrong assumption are severe. The Department of Justice tells registrants who believe their tier is wrong to consult a public defender's office or a private attorney. Registration is a continuing legal duty, and failing to comply with it is charged separately from the original offense; the firm's page on failure to register as a sex offender explains what noncompliance can mean. Keep copies of everything the registering agency gives you, including the tier notification letter, since you will need accurate dates and records if you later petition to end registration. If you are unsure which tier applies to your conviction, or whether a later conviction has moved you into a higher tier, discuss the exact offense and date of conviction with a lawyer before relying on a general description like this one.