Orange — Petition to Terminate Sex Offender Registration

Source: https://www.occourts.org/system/files/shc-crim-14.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

PETITION TO TERMINATE SEX OFFENDER REGISTRATION

SELF-HELP FORM PACKET

SHC-CRIM-14 (Rev. 07/01/2022)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the blue button labeled Click Here to Contact Self-Help Services), attach the PDF, and complete the online request form. Make sure to select CRIMINAL/TRAFFIC as the case type on the form.

www.occourts.org/self-help

Petition to Terminate Sex Offender Registration (PC 290.5)

Generally, petitions to terminate sex offender registration can be submitted to the court on or after your birthday following the expiration of the mandated minimum registration period (10 years or 20 years, depending on Tier level). Your tier level is determined by the Department of Justice based on your conviction, risk assessment scores and other factors.

To be eligible:

1. You cannot be the subject of pending criminal charges;
2. You cannot be in custody; and
3. You are not on parole, probation, post-conviction supervised release, or any other form of supervised release.

INSTRUCTIONS:

1. Get a copy of the proof of current sex offender registration from the law enforcement agency with which you are currently registered.

2. Complete and file the Petition to Terminate Sex Offender Registration (CR-415) and attach a copy of the proof of sex offender registration.

3. The petition and attached copy of current registration must be served on the applicable law enforcement agency (LEA) and the prosecutor (District Attorney or City Attorney). If you were convicted in a different county, then the LEA and prosecutor in that county must also be served.

4. Complete and file the Proof of Service CR-416 once the documents are served.

5. Law enforcement will have 60 days to file a report with the court and prosecutor.

6. Upon receiving a copy of law enforcement’s report, the prosecuting agency will then have 60 days to file a response to the Petition.

7. The court will schedule a status conference hearing upon receipt of your proof of service and another status conference hearing upon receiving law enforcement agency’s report.

8. The court will set a hearing if an opposition by the prosecuting agency is received. Otherwise, you will be provided with an Order on Petition to Terminate Sex Offender Registration CR – 418, if your request is: a. Granted; b. Denied with reason and minimum time frame to re-apply; or c. Summarily denied due to improper service or non-eligibility.

Rev. 07/01/2022

Information on Filing a Petition to Terminate Sex Offender CR-415-INFO Registration

1 General Information 3 Which tier am I? How is my tier Do not file this information sheet with your determined? petition. Your tier is based on your conviction, risk You must continue to register as a sex offender assessment scores, and other factors. The until a court grants your request to terminate the Department of Justice will determine tier registration requirement. placement for all current registrants and will notify the law enforcement agency where you register. You may be required to register as a sex offender Registrants may request a tier notification letter in another jurisdiction even if your requirement to from the registering law enforcement agency after register in California is terminated. January 1, 2021. Do not file evidence that shows proof of Upon being convicted of a registrable offense, rehabilitation unless requested by the court after your minimum required registration period begins the petition is filed. on the date you were released from incarceration, This petition and proof of current registration must placement, or commitment, or released on be filed on or after your next birthday after July 1, probation or other supervision. 2021, following the expiration of your mandated Any misdemeanor conviction for failure to register minimum registration period. extends the minimum time period by one year, This information sheet is for registration based on without regard to the actual time served in custody convictions in adult criminal court. It does not for the conviction. Any felony conviction for address registration based on juvenile failure to register extends the minimum time adjudications. period by three years, without regard to the actual Proof of current registration is available at the time served in custody for the conviction. registering law enforcement agency. If the minimum registration period has not been It is very important that you provide a reliable tolled or extended, you are eligible for relief after mailing address in your petition so that the district you have registered for the following time periods: attorney and court can reach you. Contact the court immediately if your mailing address changes. If you are... You must have registered for at least... Tier 1 (Adult) 10 years 2 Am I eligible for relief under Penal Code section 290.5? Tier 2 (Adult) 20 years You may be eligible to petition for relief under Penal Tier 2 (10-Year 10 years Code section 290.5 if: Registration Exception) You are required to register as a sex offender Tier 3 (Based on Risk 20 years under Penal Code section 290 et seq.; and Level) Your tier assignment has been determined by the 4 Are there any other requirements Department of Justice; and besides registering for my tier's You have been assessed as being within minimum time period? Tier 1 or Tier 2; or If you are assessed as Tier 1 or Tier 2, you are You have been assessed as being within only eligible to petition for relief upon reaching Tier 3 based solely on your assessed level of the end of the minimum registration period, and relative risk. only if all of the following are true: You have registered for the minimum time period for your assigned tier. You are not the subject of pending criminal

the end of the minimum registration period, and relative risk.
only if all of the following are true: You have registered for the minimum time period
for your assigned tier. 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;
You are not in custody; and

Judicial Council of California, www.courts.ca.gov Information on Filing a Petition to Terminate Sex CR-415-INFO, Page 1 of 4 New July 1, 2021, Optional Form Pen. Code, § 290.5 Offender Registration

Information on Filing a Petition to Terminate Sex Offender CR-415-INFO Registration

You are not on parole, probation, postconviction You were not convicted of a new offense requiring supervised release, or any other form of sex offender registration since your release from supervised release. custody following your conviction for the offense originally giving rise to your duty to register; and Please see 5 for more information about the Tier 2 You were not convicted of a new offense described 10-year registration exception. in Penal Code section 667.5(c) since your release If you are assessed as coming within Tier 3 solely from custody upon conviction for the offense based on your assessed relative risk level, you are originally giving rise to your duty to register. only eligible to petition for relief at the end of the minimum period of registration if all of the above 6 At the end of my minimum period of factors and all of the following are true: registration, where and how do I file my You were not convicted of a new offense requiring petition and proof of current registration sex offender registration since your release from with the court? custody following your conviction for the offense On or after your next birthday after July 1, 2021, originally giving rise to your duty to register; you may file your petition and proof of current registration as a sex offender, which you can get You were not convicted of a new offense listed in from the registering law enforcement agency, in Penal Code section 667.5(c) (“violent felony”) the superior court in the county where you since your release from custody following your register. If you register with more than one law conviction for the offense originally giving rise to enforcement agency (for example, campus your duty to register; and registration or additional residence address), you You are not required to register for a conviction must file the petition and proof of current pursuant to Penal Code section 288 or for an registration in the county of your primary offense listed in Penal Code section 1192.7(c) residence. (“serious felony”). Make a copy of the completed petition and proof of current registration for each law enforcement 5 If I have been designated as being in agency and district attorney’s office you (or Tier 2 (Adult), how do I know if I qualify someone on your behalf) must serve. for the Tier 2 10-year registration Contact the court clerk or check the court’s exception? website to see if any local rules exist regarding For adult registrants, a small number of Tier 2 filing and/or service of the petition and proof of offenses qualify for a 10-year registration period, current registration and ask how you can receive instead of 20 years. Your designation letter or proof of filing. proof of current registration will not tell you File the petition and proof of current registration whether you qualify. You may qualify if you have by: registered for 10 years and all of the following Taking them to the court clerk in person; apply: Mailing them to the court; or The offense involved only one victim, Depending on the court’s local rules and between the ages of 14 and 17; practices, filing them electronically. You were under 21 years of age at the time of the offense; 7 Who else gets a copy of the petition and The offense is not listed in Penal Code proof of current registration, and how? section 667.5(c), violent felonies, with the After the petition and proof of current registration are exception of Penal Code section 288(a), filed with the court, you or someone on your behal

proof of current registration, and how?
section 667.5(c), violent felonies, with the
After the petition and proof of current registration are exception of Penal Code section 288(a),
filed with the court, you or someone on your behalf lewd or lascivious act, or in Penal Code
must deliver a copy of the petition and the proof of section 236.1, false imprisonment and
current registration to: human trafficking;

New July 1, 2021 Information on Filing a Petition to Terminate Sex CR-415-INFO, Page 2 of 4 Offender Registration

Information on Filing a Petition to Terminate Sex Offender CR-415-INFO Registration

The law enforcement agency with which you where the mail is picked up every day and currently register; and deposited with the U.S. Postal Service. Alternatively, you may mail the documents by The district attorney in the county in which you certified mail with a return receipt requested. currently register. Electronic service: Contact the law enforcement If you were convicted of a registrable offense in a agency and district attorney’s office to check if different county than where you currently reside they accept electronic service and, if so, how to and/or register in, the petition and proof of current confirm receipt of service. The court may require registration must also be delivered to the law proof of consent and proof of electronic service. enforcement agency and the district attorney of the You can use Consent to Electronic Service and county of conviction of the registrable offense. Notice of Electronic Service Address (form EFS-005-CV) and Proof of Electronic Service Example: If you were convicted of a registrable (form EFS-050), available at www.courts.ca.gov/ offense in Los Angeles County but register in forms. Orange County, you or someone on your behalf must serve the law enforcement agency and the Your petition may be denied if all law district attorney’s office in both counties. enforcement agencies and district attorney’s offices required to be served are not served. Contact every agency that must be served to check if When service is complete, you or someone who there is a specific person or mailing address that served the documents on your behalf must fill out should receive the petition and proof of current Proof of Service (form CR-416) and file it with the registration. If the agencies do not get a copy, they court. will not be able to provide the information the court needs to consider your request, and the court may 8 Time frame for court’s decision deny the request or delay its decision until it receives this information. The court will not make a decision until it hears from the law enforcement agency and the district attorney. There are three main ways to serve the petition and This may take four months or longer. proof of current registration (use Proof of Service (form CR-416) to guide you on the information you The law enforcement agency has 60 days from need to report back to the court about how and when receipt of the petition to report on your eligibility the petition was served): to the court and district attorney. The law Personal service: You may serve the petition and enforcement agency may request more time if it proof of current registration or ask someone else discovers a conviction not previously considered to do it. Go in person to hand-deliver the petition by the Department of Justice. and proof of current registration to a The district attorney may request a hearing within representative of the law enforcement agency and 60 days after receiving the eligibility report from district attorney’s office during business hours. law enforcement. This is the most reliable form of service. Once you file your petition and proof of current Service by mail: Place copies of the petition and registration and the court gives you a case number, proof of current registration in a stamped, sealed you can see whether the court has received and filed envelope addressed to the law enforcement any responses from the law enforcement agency and agency and district attorney’s office. Put first- the district attorney’s office by (1) looking up the class postage on the envelope and mail it by case online (if the court offers remote electronic depositing the envelope with the U.S. Postal access), or (2) going in person to the court to review Service or at an office or business ma

up the class postage on the envelope and mail it by case online (if the court offers remote electronic depositing the envelope with the U.S. Postal access), or (2) going in person to the court to review Service or at an office or business mail drop the case docket at a public access kiosk or on a paper file.

New July 1, 2021 Information on Filing a Petition to Terminate Sex CR-415-INFO, Page 3 of 4 Offender Registration

Information on Filing a Petition to Terminate Sex Offender CR-415-INFO Registration

The court may grant your request, deny your request, or set the request for a hearing if one is requested by the district attorney.

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. 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.

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.

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.

Tier 2 (10-year registration exception): At least one year from date of denial.

Tier 3 (based on risk level): At least three years from date of denial.

New July 1, 2021 Information on Filing a Petition to Terminate Sex CR-415-INFO, Page 4 of 4 Offender Registration

Clerk stamps date here when form is filed. Petition to Terminate Sex Offender CR-415 Registration (Pen. Code, § 290.5)

• Before using this form, read Information on Filing a Petition to Terminate Sex Offender Registration (form CR-415-INFO). • Petitioner must continue to register as a sex offender until a court terminates the registration requirement. • A copy of the filed petition and proof of current registration (available at the registering law enforcement agency) must be served on the proper law enforcement agencies and district attorney offices. Proof of service must be filed with the court (you may use Proof of Service (form CR-416), available Fill in court name and street address: at www.courts.ca.gov/forms). The petition may be denied if service is not Superior Court of California, County of complete. Orange 1 Petitioner’s Information

a. Name:
First Middle Last
Date of birth: (mm/dd/yyyy)
b. Attorney representing petitioner (if any) Court fills in case number when form is filed.
Attorney Name: Case Number:
Firm:
State Bar No.:
For Court use only:
c. Contact information (IMPORTANT: You may be contacted about this
Date:
matter at the address, phone, or e-mail listed below. Contact the Time:
court immediately if your contact information changes): Department:
Check if attorney’s contact information

Street
Phone:
City State Zip

E-mail (if available): Petitioner or attorney agrees to email communication.

d. If there is a hearing, petitioner requests an interpreter in (language):

2 Registration Status and Information

a. Petitioner is currently registered as a sex offender in California in the County of:

b. Identify the court in which petitioner was convicted of an offense requiring sex offender registration in California (e.g., specific California superior court, federal district court, military court, other state court). If known, include the case number for the conviction:

c. This petition is being filed on or after petitioner’s next birthday after July 1, 2021, following the expiration of petitioner’s mandated minimum registration period.

d. Proof of current registration is attached (available at the registering law enforcement agency).

3 Termination Request

Petitioner requests termination of the requirement to register as a sex offender in California.

Judicial Council of California, www.courts.ca.gov New July 1, 2021, Mandatory Form Petition to Terminate Sex Offender Registration CR-415, Page 1 of 3 Pen. Code, § 290.5 (Pen. Code, § 290.5)

Case Number:

4 Pending Charges To my knowledge, there are no pending charges against petitioner that could extend the time to complete the registration requirements of petitioner’s tier or change petitioner’s tier status.

5 Custody Status

Petitioner is not in custody (in jail or prison).

6 Supervision Status

Petitioner is not on parole, probation, postconviction supervised release, or any other form of supervised release.

7 Tier Designation and Eligibility Petitioner was designated by the Department of Justice in the following tier and has registered for the following number of years: a. Tier 1 (Adult) (1) Petitioner has registered for at least 10 years. b. Tier 2 (Adult)

(1) Petitioner has registered for at least 20 years; or

(2) Petitioner has registered for at least 10 years and all of the following apply:
(a) Petitioner has not been convicted of a new offense requiring sex offender registration since
petitioner was released from custody on the offense requiring sex offender registration;
(b) Petitioner has not been convicted of a new offense listed in Penal Code section 667.5(c) (violent
felonies) since petitioner was released from custody on the offense requiring sex offender registration;
and

(c) The offense for which petitioner is required to register as a sex offender in California
(1) involved no more than one victim 14 through 17 years of age, (2) occurred when petitioner was
under 21 years of age, (3) is not one listed in Penal Code section 667.5(c) (except Penal Code
section 288(a)), and (4) is not one listed in Penal Code section 236.1.

c. Tier 3 (All of the following apply.)
(1) Petitioner’s designation is based only on a risk-level assessment;
(2) Petitioner has registered for at least 20 years;
(3) Petitioner has not been convicted of a new offense requiring sex offender registration since petitioner
was released from custody on the offense requiring sex offender registration;
(4) Petitioner has not been convicted of a new offense listed in Penal Code section 667.5(c) (violent felonies)
since petitioner was released from custody on the offense requiring sex offender registration; and
(5) Petitioner is not required to register for a conviction pursuant to Penal Code section 288 or an offense
listed in Penal Code section 1192.7(c) (serious felonies).

8 Previous Petition a. Petitioner (check one) has has not previously filed a Penal Code section 290.5 petition in California for termination of a sex offender registration requirement that was denied by the court. b. The previous petition was denied in (case number): , in the Superior Court of California, County of , on (date):

c. The court set (years) (months) as the time period after which petitioner may request termination again.

New July 1, 2021 Petition to Terminate Sex Offender Registration CR-415, Page 2 of 3 (Pen. Code, § 290.5)

Case Number:

9 Registration Period Petitioner believes that they have met the requirements to register for the time period required by petitioner’s tier designation as determined by the Department of Justice.

I declare that the information provided is true and correct, except as to matters that are stated on my information and belief, and as to those matters, I believe them to be true.

Date:

Printed name of petitioner or attorney Signature of petitioner or attorney

New July 1, 2021 Petition to Terminate Sex Offender Registration CR-415, Page 3 of 3 (Pen. Code, § 290.5)

CR-416 Proof of Service—Sex Offender Clerk stamps date here when form is filed. Registration Termination (Pen. Code, § 290.5) Instructions • This form is for providing proof that a copy of a filed Petition to Terminate Sex Offender Registration (form CR-415) and proof of current registration was served (delivered) to the required law enforcement agencies and district attorney’s offices. Read Information on Filing a Petition to Terminate Sex Offender Registration (form CR-415-INFO) for more information. • The person who serves (delivers) a document or form in this case and Fill in court name and street address: who fills out this form must be at least 18 years old. Superior Court of California, County of • This form is for proof of service by mail or personal delivery. For proof of Orange electronic service, read and follow rule 2.251 of the California Rules of Court, and use Proof of Electronic Service (form POS-050/EFS-050). • File a completed form with the court. Keep a copy of this form for your records. 1 At the time I served the Petition to Terminate Sex Offender Registration Fill in case number: (form CR-415) and proof of current registration, I was at least 18 years Case Number: old. 2 My name is: My mailing address is:

Street City State Zip

3 I served copies of the Petition to Terminate Sex Offender Registration and proof of current registration filed (check one): for myself on behalf of (name of petitioner): 4 I mailed or personally delivered a filed-stamped copy of Petition to Terminate Sex Offender Registration (form CR-415) and proof of current registration to the agencies listed below: a. Registering law enforcement agency Name of agency: Address: Street City State Zip Date of service: Method of service (check one): Mailed the documents to the agency at the address above in a sealed envelope from (city, state): by depositing the envelope with the U.S. Postal Service Delivered in person to (name): at (time): at the address above. b. District attorney (county of registration): County of: Address: Street City State Zip Date of service: Method of service (check one): Mailed the documents to the district attorney’s office at the address above in a sealed envelope from (city, state): by depositing the envelope with the U.S. Postal Service or Delivered in person to (name): at (time): at the address above.

Judicial Council of California, www.courts.ca.gov Proof of Service—Sex Offender CR-416, Page 1 of 2 New July 1, 2021, Optional Form Pen. Code, § 290.5 Registration Termination (Pen. Code, § 290.5)

Case Number:

c. Law enforcement agency (county of conviction, if different than county of registration)
Name of agency:
Address:
Street City State Zip
Date of service:
Method of service (check one):
Mailed the documents to the agency at the address above in a sealed envelope from
(city, state): by depositing the envelope with the U.S. Postal Service
Delivered in person to (name): at (time):
at the address above.

d. District attorney (county of conviction, if different than county of registration)
County of:
Address:
Street City State Zip
Date of service:
Method of service (check one):
Mailed the documents to the district attorney's office at the address above in a sealed envelope from
(city, state): by depositing the envelope with the U.S. Postal Service
Delivered in person to (name): at (time):
at the address above.

Check here if you served copies of the petition and proof of current registration to additional law
enforcement agencies and district attorney's offices. Attach a separate page listing the names,
addresses, date of service, and method of service of each additional copy you served. Write
“CR-416, Item 4” on the top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

New July 1, 2021 Proof of Service—Sex Offender CR-416, Page 2 of 2 Registration Termination (Pen. Code, § 290.5)

Order on Petition to Terminate Clerk stamps date here when form is filed. CR-418 Sex Offender Registration (Pen. Code, § 290.5)

1 Petitioner’s Name: First Middle Last

Birthdate: CSAR Petition No.:
(mm/dd/yyyy)

Name of attorney representing petitioner (if any):
Fill in court name and street address:
Mailing address:
Street Superior Court of California, County of
Orange

City State Zip
E-mail:

2 The court GRANTS the petition to terminate the sex offender registration requirement under Penal Code section 290 et seq. Court fills in case number when form is filed. 3 The court SUMMARILY DENIES the petition to terminate the sex Case Number: offender registration requirement because (check all that apply and state reasons for summary denial): a. Petitioner has not fulfilled the filing and service requirements of Penal Code section 290.5 because:

b. There are pending charges against petitioner that could extend the time to complete the registration
requirements of the tier or change petitioner’s tier status:

c. Petitioner is in custody or on parole, probation, or supervised release:

d. Petitioner does not qualify for termination because petitioner is in Tier 3 as a lifetime registrant and does not
fall under the risk-level exception.
e. Petitioner is in Tier 1 or Tier 2 and has not met the mandatory minimum registration period for that tier.
f. Petitioner is in Tier 2 and has not met the following criteria for a 10-year registration exception in Penal
Code section 290.5(b)(1) and (2):
g. Petitioner is in Tier 3 solely on the basis of a risk assessment level and has not met the following criteria
for a 20-year registration exception in Penal Code section 290.5(b)(3):

h. Other:

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Order on Petition to Terminate Sex Offender CR-418, Page 1 of 2 New July 1, 2021, Mandatory Form Pen. Code, § 290.5 Registration (Pen. Code, § 290.5)

Case Number:

4 After hearing, the court DENIES the petition to terminate the adult sex offender registration requirement because the court finds that (check all that apply): a. Petitioner has not met the requirements of Penal Code section 290(e).

b. Community safety would be significantly enhanced by the petitioner’s continued registration. The court’s
findings are (select one): stated orally on the record set forth below:

(1) For Tier 1 and Tier 2 denials: Petitioner may not file another petition for termination for
years (must be between 1 to 5 years) from the date of denial, for the following reasons:

(2) For Tier 2 denials (10-year registration exception): Petitioner may not file another petition for
termination for year(s) (must be at least 1 year) from the date of denial.

(3) For Tier 3 denials (based on risk level): Petitioner may not file another petition for termination for
years (must be at least 3 years) from the date of denial.

Date:
Signature of Judicial Officer

To the court: Notify the Department of Justice, California Sex Offender Registry, when a petition for
termination from the registry is granted, denied, or summarily denied. If the petition is denied after hearing, the
court must also state the time period after which the person can file a new petition for termination. The court may
notify the department through electronic reporting or by mail (California Sex Offender Registry, P.O. Box 903387,
Sacramento, CA 94203-3780).

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Order on Petition to Terminate Sex Offender CR-418, Page 2 of 2 New July 1, 2021, Mandatory Form Pen. Code, § 290.5 Registration (Pen. Code, § 290.5)