SB 384 Tier System: California Sex Offender Registration Reform Explained

For decades, California treated sex offender registration under Penal Code §290 as a lifetime consequence, regardless of the offense’s severity. A misdemeanor conviction for indecent exposure carried the same registration burden as violent rape. SB 384, effective January 2021, restructured this into a tier system that more closely matches other states — and provides a real path off the registry for many East Bay residents. This guide walks through each tier, eligibility for removal, and how the process moves through the Alameda County courts.

Morris Law is an East Bay criminal defense firm serving Alameda County. Seth Morris was a Deputy Public Defender in Alameda County and files SB 384 removal petitions at the René C. Davidson Courthouse.

Before SB 384: The Lifetime-Registration Regime

From 1947 until January 2021, California PC 290 imposed lifetime sex offender registration on essentially every sex offense conviction — from misdemeanor lewd conduct (PC 314) to serious felony sexual assault. Registrants had to update their information annually and within 5 days of any address change, employment change, or vehicle change. Failure to comply was a separate felony.

This system was widely criticized for being one-size-fits-all: it treated a 19-year-old convicted of statutory sex with a 17-year-old (PC 261.5) the same as a serial predator. It also led to the largest sex offender registry in the United States by orders of magnitude.

The SB 384 Three-Tier System

Tier 1: 10-year minimum registration

Tier 1 covers most misdemeanor sex offenses and some felonies with lower severity. Examples include: misdemeanor PC 243.4 (sexual battery), misdemeanor PC 314 (indecent exposure), PC 261.5(b) statutory rape without force, PC 288a(b)(1) oral copulation with a minor 3+ years younger.

After 10 years of continuous registration compliance with no new qualifying offenses, Tier 1 registrants become eligible to petition for removal from the registry.

Tier 2: 20-year minimum registration

Tier 2 covers felony sex offenses that are more serious than Tier 1 but do not fall into the automatic lifetime category. Examples include: felony PC 243.4 (sexual battery), PC 288.4 (arranging to meet a minor for sexual conduct), PC 289 non-forcible penetration, most non-forcible sex offenses against adults.

After 20 years of continuous registration compliance, Tier 2 registrants become eligible to petition for removal.

Tier 3: Lifetime registration

Tier 3 covers the most serious sex offenses and imposes lifetime registration with no removal eligibility. Examples include: PC 288 (lewd acts on a child under 14), PC 261(a)(2) forcible rape, PC 288.7 rape or oral copulation with a child under 10, PC 289 forcible penetration, sexually violent predators.

Anyone with two or more qualifying convictions is automatically placed in Tier 3 regardless of the individual severity of the offenses. Repeat sex offense convictions are the primary path to lifetime registration under SB 384.

SB 384 Removal Petition: Eligibility and Process

Threshold eligibility

To petition for removal from the sex offender registry, a registrant must:

• Be classified as Tier 1 or Tier 2 (not Tier 3)
• Have completed the minimum registration period (10 or 20 years)
• Have no new qualifying convictions during the registration period
• Be current on all registration obligations (annual updates, address changes, etc.)
• Have completed any sentence-related conditions (probation, parole, restitution)

The petition

Removal petitions are filed in the county of registration. For Alameda County residents, that means the René C. Davidson Courthouse (1225 Fallon Street, Oakland). The petition is served on the Alameda County District Attorney’s Office, which has 60 days to respond.

DA response and hearing

If the DA does not object, the court can grant removal without a hearing. If the DA objects, the case is set for hearing. The DA can argue the registrant “poses an unreasonable threat” — but this is a discretionary standard that requires specific evidence, not merely opposition based on the original offense.

Judicial factors

Courts consider: age at time of offense, time since last offense, treatment completion, employment history, family stability, community ties, and whether the offense involved a child or force. Most Tier 1 registrants without new offenses are granted removal.

What Removal Does — and Doesn’t Do

What removal accomplishes

• Ends California sex offender registration obligations under PC 290
• Removes the registrant from California’s public sex offender registry (Megan’s Law website)
• Eliminates annual re-registration requirements and address-change reporting
• Reduces (but does not eliminate) employment and housing barriers

What removal doesn’t accomplish

• Federal SORNA compliance: Federal law (Sex Offender Registration and Notification Act) may still require registration if you travel to or reside in another state
• Immigration consequences: Sex offense convictions remain on the immigration record regardless of registration status
• Professional licensing: State boards (teaching, nursing, medicine, real estate) may still require disclosure and can restrict licensure
• Firearm rights: Underlying felony convictions may still trigger PC 29800 lifetime firearm ban
• Employment background checks: The underlying conviction may still appear on background checks — removal from the registry doesn’t equal expungement

How SB 384 Interacts with Expungement

SB 384 removal is separate from PC 1203.4 expungement:

• PC 1203.4 dismissal sets aside the underlying sex offense conviction — but does not automatically remove registration obligations. Many pre-2021 dismissed convictions still required lifetime registration.
• SB 384 removal ends registration but doesn’t dismiss the conviction.
• Together, these two remedies provide a more complete path off both the conviction record and the registry. Filing them in sequence is often the best approach for eligible registrants.

Frequently Asked Questions

When did SB 384 take effect?

SB 384 was signed into law in October 2017 but did not take effect until January 1, 2021, to give the California Department of Justice time to reclassify existing registrants into tiers and implement the removal petition process.

Which tier am I in?

The California Department of Justice made initial tier assignments based on offense codes. You can request your tier classification through the CA DOJ. Alameda County registrants can also determine their tier by consulting with a defense attorney who reviews the conviction and applies the SB 384 statutory tier criteria.

Can Tier 3 registrants ever come off the registry?

Not through SB 384’s normal removal process — Tier 3 is lifetime registration. Removal for Tier 3 registrants generally requires a Certificate of Rehabilitation followed by Governor’s Pardon, or an appellate/post-conviction challenge to the underlying conviction.

Where do I file an SB 384 removal petition in Alameda County?

SB 384 petitions are filed at the René C. Davidson Courthouse at 1225 Fallon Street in downtown Oakland. The petition is served on the Alameda County District Attorney’s Office, which has 60 days to respond.

How long does the removal process take?

From petition filing to court order typically takes 3-6 months in Alameda County. Uncontested petitions where the DA does not object can be decided without a hearing. Contested petitions add 60-90 days for the hearing and briefing.

Does SB 384 removal affect my criminal record?

No. SB 384 removal ends registration obligations but does not remove the underlying conviction from your criminal record. For that, you need a separate PC 1203.4 expungement or PC 17(b) reduction, filed as separate petitions.

Can I still be denied jobs after SB 384 removal?

Yes. The underlying conviction remains on background checks. Certain employers (schools, childcare, medical, government) may still deny employment based on the conviction. But removal from the public registry means the conviction is no longer publicly searchable through the Megan’s Law website, which reduces general employment barriers.

What if I move to another state after removal?

Federal SORNA and the destination state’s registration laws may still require registration. Successful California removal does not automatically end federal registration obligations. Consult with counsel in the destination state before moving.

Talk to an East Bay Sex Offense Defense Attorney

SB 384 removal petitions require careful presentation of rehabilitation evidence and precise navigation of Alameda County courtroom practice. The stakes — ending registration obligations after 10 or 20 years — justify a thorough approach.

Morris Law’s East Bay offices — Oakland (2744 E 11th Street · (510) 824-8831) and Berkeley (2025 Rose Street, Suite 200 · (510) 225-9955) — file SB 384 petitions at the René C. Davidson Courthouse. Call (510) 330-0814 for a free 24/7 consultation.

Related East Bay Resources

• East Bay Sex Crime Defense (firm-wide)
• Berkeley Sex Crime Defense
• How Long Does a Felony Stay on Your Record?
• René C. Davidson Courthouse Guide
• How a Conviction Affects Immigration