If you are on the California registry and would like more information, visit ACSOL
The Tiered Registry Law (formerly Senate Bill 384), passed by the California state legislature four years ago, is now effective. Some of its provisions, however, will not begin until July 1, 2021. The most important of those provisions is the petitioning process for removal from the registry.
It appears that the tiers will be determined by the offense and not by an empirically validated risk assessment.
Does anyone know where we stand in Florida with the Ex Post Facto violation argument with respect to the registry?
Not sure when the last time you were on the site but here is the latest from FAC, at least that I have seen on here. This is from late Decemeber:
https://floridaactioncommittee.org/motion-to-alter-or-amend-filed-in-ex-post-facto-plus-case/
Correct – this was filed and then the State asked for an extension of time to respond last week.
https://floridaactioncommittee.org/motion-to-alter-or-amend-filed-in-ex-post-facto-plus-case/
This is the relief I was granted Aug 1991
Under California Penal Code 1203.4 PC, an expungement is a petition that a defendant in a criminal case can bring at the conclusion of probation. The petition asks the court to allow the defendant to withdraw any plea of guilty or no contest, to reenter a plea of not guilty, and to dismiss the case. If granted, the expungement releases an individual from the negative consequences of a conviction.
You can say the law is “in effect” but it remains to be seen if the law is actually “effective.”
After all, if you’re fortunate enough to be given a Tier 1 classification, you don’t automatically come off the registry; instead, you must petition the court for removal after a set period of tim has passed. This means there’s no guarantee judges won’t “err on the side of caution.”
Derek, it depends…..Some Jurisdictions do not have ‘Judges’ per se…they have a 3 member Panel of Non-Elected Officials to ‘JUDGE YOU’
In my case, I am a Tier One and can Opt out after 10 Years which is coming up very SOON….In this particular case, NO ONE HAS ever petitioned for Removal from the Registry here, they are running like mad to ‘figure it out’…WE shall Soon find out….It will cost me probably about $10K in legal fees after it is all said and done….Even the Attorneys DO NOT HAVE A CLUE how to go about this one, I am helping them!
FYI San Diego Public Defender’s office are helping Tier 1& 2 with a program called Fresh Start and I’m sure it’s not just San Diego County so don’t spend money just yet.
Cherokee Jack:
Are persons with offense dates that predates 1997 required to register in Florida?
I was trying to find a date for Joey Anthony Burns.
When they place an arbitrary date where registrants are required to register after that date, this proves that the law is arbitrary and capricious. I.e., if someone was off of parole on December 31, 1996, he doesn’t have to register while the guy who got off of parole on January 1, 1997 does.
My offense date was 1991. Sentenced in 1993. but did not get off probation until 2003. If I had been off probation in 1997 on the proper date, I wouldn’t be on the registry but someone released just ONE day before the day of it being official didn’t have to. It is a certain day and date in 1997 on or after that date you register, before that date and you don’t have to.
Again, it seems to be more legal to state anyone SENTENCED on and after the date it is implemented could at least fight it with their plea bargain. I did not get that choice. Neither did the 100,000s of thousands who were still in prison at the time of enactment who had already taken a plea and had NO say in the matter. Illegal, immoral and injustice.
My case was 1990 in San Diego and when I moved back to Florida in 1992, there was no registry. It wasn’t until Megan’s Law in 2006 which FDLE sent me a letter in 2007 requiring me to register. I fought it until 2010 in which ajudication was withheld yet I still had to register and have done so since 2008.
Yes. Even someone whose offense commital date predates 1997, but before January 1, 1994, are required to register even though the act’s effective date was July 1, 1996.
Joey Anthony Burns:
The case covering the enforcement of plea bargains is Santobello v New York, 404 U.S. 257. You have the incredible misfortune of having a case out of California. The California Supreme Court in People v McClellan (6 Cal 4th 367, 1993) turned Santobello on it’s head for registrants in California. The California Supreme Court backpedeled a bit in Martinez and added a prejudice element. This is bad law. Your plea bargain would have been enforced in about any other state and probably can be enforced in California if you have sufficient funds and the right attorney.
I don’t know what the law is in Florida. In Michigan, if you were off of probation or parole prior to October 1, 1995, you are not required to register in Michigan. My understanding is that the law is similar in Florida that if your offense preceded a certain date that you are not required to register. If this is true, I would try to find that date and present it to an attorney in Florida.
Detroit
You are wrong about Florida. Sorry to have to correct you. It does not matter when you offense was in Florida. It matters if you were OFF all paper before a certain date in 1997. My offense was 1991, well before any such law was even thought of here. When the law came out, I was still on probation and they made me register. If it went be offense date, I would not be on the registry. It goes by date of release of all sanctions such as prison, house arrest, probation.
Anyone who says different needs to come with me to court and if they get me off the registry with their wrong information, my parents will give them $10,000
I forgot to add, someone could have committed a sex offense in 1951 and just got released on a certain date in 1997 and they would still have had to register unless they got off all sentencing requirements BEFORE one certain day in 1997. ONE second at midnight is all the separates some from registering and some not.
Florida said if I returned to California, I would have to register, so they kept me on the registry. But I’m enrolled in San Diego Public Defender office’s Fresh Start and my case will be heard, Feb 2022. They start hearing cases July 2021 instead of January as stated in SB421 which became law with Gov Brown’s signature. But once I’m no longer required to register, I hope Florida will then release me as well.
My sole charge dates back to 1990 and it was because of a nasty breakup with my gf. I took the plea because I was able to file for relief under PC 1203.1 in which I was able to withdraw my original plea of nolo contender to Not guilty and the case was “dismissed” August 1991. I was in the Navy and my Command already saved my career for I went before an Admin Board where they voted to give me a General discharge but my Captain got the last word and saved me but advised me to get out and take care of it and come back in. I loved my job and serving my Country and up until that charge, I had only gotten a few DUI’s prior to joining the Navy in ’83. But never any criminal charges. My father contracted cancer and I left California in ’91. My case was supposed to have been changed in 3 years if I didn’t get any arrests. I didn’t know it would only happen if I was still a California resident. This was all before the internet and Florida had no registry so I was still registered in California. Megan’s Law in 2006 changed everything as the FDLE then demanded I register. I sent them my court records showing our PC 1203.1but they insisted I register. I retained an attorney who helped me for a year but when the year was up and he wanted an additional $5,000, I didn’t have it and 2 months later, I was arrested for “failure to register”. I fought it, the judge concurred and ajudication was withheld and the judge instructed me to resolve my case in California. That was 2010 and trying to get a pardon was moot but I petitioned Gov Brown believing if any Gov would do it, it would be Gov Brown. He didn’t but he passed the Law for 3-Tier in 2018 but they changed the effective date to January 2021. Now I discover cases will begin to be heard July 2021 and they hear cases by birth month and I happen to be Feb 2022. I’ve waited this long so I can see the light at the end of the tunnel, but I’m still in the tunnel. I’ve been told I’ll be getting placed Tier 2 and having served the 20 year requirement, the requirement to register will fall away. I was told Florida can STILL make me register? I’m a Singer-songwriter and haven’t worked since March so I’m living on my Social Security & my wife’s job at Wal-Mart. We’re currently living in our RV working on our credit score and looking to buy a home after Feb 2022. Finding work was and is extremely difficult as everyone knows and living where we want is not possible. But I’m grateful to Florida Action Committee and all their great work. If I could donate, I would but will as soon as I’m able.
I wish It was here, im approaching 9 years in april. Any hopes of Florida following suit?
Just tired.
My Charges are from 1991 and they have me registering for life. Not listed as a predator and my sentence was thrown out in 2003.
I have been on registry since 1997 and I can say it is almost as bad as probation. How judges cannot see the punitive nature of all we have to endure makes me believe they know it is but they do not want us off it so they lie and justify it as our life sentence they think we all deserve.
Just tired
Florida’s Governor, Ron DeSantis, is a Trump side kick so as long as he is in charge, don’t hold your breath. Rick Scott was just as bad if not worse.
While I do not disagree on being tough on crime, I do disagree with holding people down forever who have done their time and want to become productive citizens that many of us were before all this.
We made mistakes, we paid the price but there seems to only be death to look forward to, to gain relief of our “non punitive” punishment.
Why did you feel the need to throw “Trump side kick” in there? Would you have said the same about a “Reagan” or “Bush side kick”? Here’s the deal, like it or not; Conservatives claim to be so Christian so why not challenge them at their nonexistent “forgiveness and redemption” horse crap?
As for any democrat “Joe Biden side kick”, just keep this in your mind somewhere; The woman he chose as VP was on the “Just believe her” bandwagon only a year ago when someone accused Biden of sexual harassment. I truly don’t quite get where anyone going through the tortures of the SOR thinks the democrats would give you a break.
Maestro
Before I got arrested, I was a republican all my life. I threw that in there because it is the truth. My parents know the Governor personally and have tried to have him look at my case and he just dismisses them and told them he cannot interfere in the sex offense laws or he might not get re-elected.
After that, my parents stopped donated to his campaign. My parents work in the prison reform system. They personally have helped 1000s of inmates rebuild their lives. ZERO of them with sex offenses. You know WHY? Whenever my parents try and help someone with a sex offense, EVEN the churches SHUN them.
I really did not want to drag in and expose my parents on here, as they are champions for inmates. My Mom and Dad can walk into ANY prison almost anywhere in the US with their IDs with no issues because of what they do. BUT they hit wall after wall after wall with EVERYONE when it comes to anything related to sex offenses.
Heck most lawyers won’t even touch sex offenses EVEN if the person is innocent because if they win, it makes that attorney look like they support sex offenders getting off easy.
I spent my life savings and sold my house trying to fight all this. I have had just two wins in 30 years. I got off probation 6 years early and I had the FDLE remove false information about me on the registry. That backfired as they then moved me from 2 times a year to 4 times a year registration.
I was NOT bringing politics into this as you propose. I was stating a fact, that the Florida Governor is NOT going to help us.
Sadly republican or democrat, pretty much no governor is really going to help any states offenders. There does seem to be one or two lately that want reform BUT Florida’s Governor is SO pro law enforcement (I use to work in law enforcement myself) that there is NO way he is going to throw all 67 Sheriffs under the bus by reforming the Florida registry.
Florida Governor is known for his tough stance on Crime and he regularly has news conferences with law enforcement officials to show how tough Florida is on crime.
You said a key phrase right here when mentioned what the governor said to your parents;
“… he cannot interfere in the sex offense laws or he might not get re-elected.”
This will be the same for ANY and ALL politicians. Right or left. Democrats and republicans alike. The entire country (and possibly now the world) has been dead mongered to the point that there is no coming back from the brainwashing that was done.
And as for your statement about not wanting to bring politics into this… ummm… there already IS politics in this. It’s all about politics and that’s why no politician of either party is going to take our side on ANY matters of the registry. You cannot talk about registry and not involve politics. You. Can’t.
I’m not going to stop drilling this home for you all, the LEFT are the party of “just believe her” and no evidence needed. However, if you have a single FEELING of suspicion that an election might have been fraudulent, the LEFT is demanding evidence and when CCTV video is shown they say “that’s not evidence” but for the woman who claims she was raped 30+ yrs ago with 0 evidence other than her word, it’s good enough for the LEFT.
Democrats are not our friends either. And that’s a fact.
It was 2019 when Kamala Harris jumped on the bandwagon of “just believe her” when allegations came out about Joe Biden. That’s why conservatives and many independents (like myself) find it hilarious that he picked her for running mate.
@ Maestro:
Spot on. I would only add that state superior/criminal court judges are also elected, and therefore every bit as much a politician as the legislators that continually write these insane laws. Anyone who doubts should go over the Aaron Persky ordeal.
I was assigned the wrong Tier level by FDLE and even the Sheriff’s office agrees with me but they have to enforce what FDLE states. I have spoken with a lawyer but he wants $1000.00 to challenge it. Me challenging FDLE in court and winning on something else is what caused me to get changed due to retribution by FDLE.
Shouldn’t cost me $1000 to get FDLE to do their job. I tried challenging them myself but basically they told me to go @#%* myself, but in more typeable words.
I’m not sure what you mean by “Tier level” assigned by FDLE. Florida does not have Tiers. Florida has “offender” and “predator” but not tiers.
Ok let me rephrase the statement. I was registering 2 times a year and after my lawyer filed a correction of charges petition which I won (FDLE has it looking like I had three victims when it was 3 charges) .
After they corrected it, they changed me from registering from 2 times a year to 4. Even the deputy who verifies my address said according to his paperwork I should only have to register twice a year but FDLE is making me register 4 times a year.
A lawyer said he could challenge it but that is $1000 I do not have, there is no guarantee I will win, it was done out of malice by FDLE and whose to say if I win that, they don’t come back with some new voodoo to “F” with me about?
You say there are no tiers. Then do I register 4 times a year and others 2 times a year when I am not listed as a predator and was only registering 2 times a year before and nothing changed on my end. No charges since 1991, not even j-walking or killing a bird for the pleasure of it.
Plenty of ways to come up with a mere $1000. Sell stuff on eBay. Put money aside each week in a separate account from whatever your income is. $1000 is better than charging $10,000 to risk a potential loss.
Maestro
I have ZERO income. I have tried numerous times to get food stamps but am ALWAYS denied because my parents take care of me. I have appealed and appealed etc. My Medications cost me $700 a month and I do not have that so am on patience assistance programs for that. $1000 to me is likely $100,000 to other people.
Before the registry I had a good job, a home, a brand new car every 3 years, I was successful, popular, traveled the World once a year and had it made. One mistake took that all away from me.
I am not blaming anyone else for what I did. I AM blaming someone for the registry holding me back.
When I was on probation, you were REQUIRED to have a job or you got violated. The registry back then was only a shell of what it is now. Now days, people might hire you but once someone at works or a customer sees you on the registry, you are done (know from experience).
Now I am unable to physically work. I have been waiting to see a disability judge for 7 years, and am on my 3rd and last appeal. If the $1000 was to get off the registry, I would sell my kidneys to make it happen. But $1000 just to change registering from 4 times a year to 2 is not worth it. I can spare an hour of my time 4 times a year. I do NOT want to, but to save $1000 that I don’t have, yeah not worth it. I only paid $1000 to get off probation. Of course that was in 2003
If someone was charged in Florida but now resides in Ca, would these tiers apply to them as well? Thank you
As to California, yes (possibly depending on their offense and what Tier it is in), but it makes no difference to their being on the Florida registry.
But let’s say I was to move to Cali, i would have to let fl know where I’m going and then register in cali until they provision for low tier levels to be removed. Once removed fl still has old info but I would be under no obligation to update fl any longer and then could just disappear right?
If you leave FL you have no obligation to update FL either way. You will still appear on the FL registry though.
Not sure why they think people pre 1997 shouldn’t have to register but those who were still on paper should. I do not want a registry at all but one person who raped 100 kids but was not on probation in 1997 goes scot free but someone who was with a consensual underaged person (Not justifying what I did) is on registry for life even though the charges were from 1991 but I was still on paper at the time.
My point is, why didn’t they say in the law anyone who is convicted going forward from day law came into effect would have to register but not those already sentence. NONE of us got to use that as leverage in our cases, we had NO say. That to me is the most powerful argument in the Ex post Facto affect AND effect.
Yes- I am registered in Florida and moved to California.
Yes – we will get assigned a Tier.
I have not been notified of mine as of yet.
I doubt that this is going to end well however. I should already be off both for the length of registry time (20 years) and the charge. However, it appears that the crime of CP although it should be a tier 1 will be moved to Tier 3 classification which is LIFE!
If this turns out to be the case then I am moving out of the state of California.