California Penal Code section 290, the Sex Offender Registration Act, requires anyone convicted of certain sex-related crimes to register in person with local law enforcement, update that registration every year around their birthday, and continue doing so for 10 years, 20 years, or life depending on the offense.1California Legislative Information. California Penal Code PEN 290 – Sex Offender Registration Act Since 2021, most registrants in the two lower tiers can petition a court to end the obligation once their minimum period is up. Registration is not automatic to end, and missing a deadline is a separate crime.
Who Has to Register
The statute lists dozens of qualifying convictions, from misdemeanors to serious felonies. Rape, lewd acts with a minor, sexual battery, indecent exposure, and human trafficking for a sexual purpose are all on the list, among many others.1California Legislative Information. California Penal Code PEN 290 – Sex Offender Registration Act Not every sex-related conviction triggers registration. Unlawful sexual intercourse between a minor and someone within 10 years of the minor’s age, for example, does not require registration on its own, though a judge can still order it.
A judge can also order registration for a crime that is not on the statutory list, if the court finds the offense was driven by sexual compulsion or committed for sexual gratification. That means convictions for things like assault or burglary can carry a registration requirement when the underlying conduct was sexual in nature.
Convictions from Other States
If you move to California after being convicted in another state, in federal court, or under military law, you must register here if the out-of-state offense contains all the elements of a California crime that would require registration.2California Legislative Information. California Penal Code PEN 290.005 Anyone ordered to register by another state’s court for an offense involving sexual compulsion or gratification must also register here, even if the crime does not match a California statute.
How and When to Register
Registration is done in person at the police department in your city or the sheriff’s office if you live in an unincorporated area. There is no fee; California law prohibits agencies from charging one.3California Legislative Information. California Penal Code PEN 290.012
The Five-Working-Day Rule
You must complete your first registration within five working days of release from custody. If no jail or prison time was imposed, the five days run from the date of conviction. If you are moving to California while already required to register elsewhere, you have five working days from your arrival. If you keep more than one residence, you register in every jurisdiction where you regularly live.
Annual Updates and Changes
Every year, within five working days of your birthday, you must appear in person to verify the information on file.3California Legislative Information. California Penal Code PEN 290.012 Any change of residence, workplace, or school enrollment must be reported within five working days of the change.
Two groups check in more often. People without a fixed address must re-register at least every 30 days and provide details about where they sleep, eat, work, and spend time. Anyone classified as a sexually violent predator must verify their address and employment at least once every 90 days after release from custody.
How Long Registration Lasts
Before 2021, nearly everyone who registered in California did so for life. Senate Bill 384 replaced that with three tiers, and the minimum registration period starts running from release from custody on the qualifying conviction.4California Department of Justice. California Tiered Sex Offender Registration (Senate Bill 384) FAQs
- Tier 1 requires a minimum of 10 years and covers misdemeanor convictions and felonies that are not classified as serious or violent under California law.
- Tier 2 requires a minimum of 20 years and applies to more serious felony convictions, including offenses classified as serious or violent under Penal Code sections 667.5(c) or 1192.7(c).
- Tier 3 is lifetime registration, reserved for the most serious and violent offenses, repeat offenders, and anyone whose risk assessment score is well above average. Certain Tier 3 registrants placed there solely because of their risk score, rather than the type of conviction, may petition for removal after 20 years.
Petitioning to End Registration
Tier 1 and Tier 2 registrants have a path off the registry, but it is not automatic. You must file Form CR-415 in the superior court in the county where you are registered, and you can file on or after your next birthday following the expiration of your minimum period.5California Legislative Information. California Penal Code 290.5 Until a court actually grants the petition, you must keep registering.
What You Have to Show
To petition, you must have completed the full minimum registration period, have no pending charges that could change your tier, not be in custody, and not be on parole, probation, or any form of supervised release. Your petition must include proof of current registration.
The Tier 2 Early Petition
Some Tier 2 registrants can petition after 10 years instead of 20. That option is open if the offense involved no more than one victim aged 14 to 17, you committed the crime before turning 21, and the conviction is not for a violent felony or a human trafficking offense. You also cannot have picked up any new registrable or violent felony convictions since your release.
How the Court Decides
After you file, copies go to the registering law enforcement agency and the district attorney, who have 60 days to review. If the district attorney does not request a hearing and law enforcement confirms you have met all requirements, the court grants the petition. If the district attorney believes community safety would be significantly enhanced by continued registration, they can request a hearing and present evidence, and the judge weighs whether removing you from the registry is appropriate. Most contested petitions are decided at that hearing.
Penalties for Failing to Register
Missing a deadline or providing incomplete information is a separate criminal offense, and the severity of the penalty tracks the severity of the underlying conviction.6California Legislative Information. California Penal Code PEN 290.018
- If the underlying conviction was a misdemeanor, failure to register is a misdemeanor punishable by up to one year in county jail.
- If the underlying conviction was a felony, failure to register is a felony carrying 16 months, two years, or three years in state prison. Anyone with a prior conviction for failing to register faces felony charges on a subsequent violation, regardless of the original offense.
- Sexually violent predators who miss a 90-day check-in face state prison or up to one year in county jail.
- Transients who fail to re-register every 30 days face a misdemeanor carrying at least 30 days and up to six months in county jail.
Even when a court grants probation for a felony failure-to-register conviction, it must impose at least 90 days in county jail as a condition of that probation. A new failure-to-register conviction can also reset or extend the clock on your tier’s minimum period, making it harder to eventually petition for removal.
Where You Can Live
Proposition 83, known as Jessica’s Law, added Penal Code 3003.5(b) in 2006. On its face, it makes it illegal for any registered sex offender to live within 2,000 feet of a public or private school or a park where children regularly gather.7California Legislative Information. California Penal Code PEN 3003.5
Enforcement is narrower than the text suggests. In 2015, the California Supreme Court ruled in In re Taylor that blanket enforcement of the 2,000-foot restriction against all sex offender parolees in San Diego County was unconstitutional, finding that it effectively barred parolees from 97 percent of available rental housing and forced many into homelessness.8Stanford Law School. In re Taylor Parole authorities can still impose individualized residency restrictions case by case; they just cannot apply the 2,000-foot rule as a blanket mandate. Whether the restriction can be enforced against registrants who are not on parole is still being litigated in California courts. If you are subject to registration and looking for housing, the practical answer depends on how the restriction is currently being enforced in your county.
Housing, Jobs, Travel, and the Public Database
Registration reaches beyond the paperwork. Federal law prohibits anyone subject to a lifetime state sex offender registration requirement from receiving federally assisted housing, including Section 8 vouchers and public housing. Housing authorities have no discretion to make exceptions for lifetime registrants.9U.S. Department of Housing and Urban Development. HUD Notice on Sex Offender Admissions Tier 1 and Tier 2 registrants are not automatically barred under federal rules, though individual housing authorities may still weigh criminal history during admission screening.
There is no federal blanket ban on employing registrants in the private sector, but employers using criminal background checks are expected to assess applicants individually rather than reject everyone with a conviction.10U.S. Equal Employment Opportunity Commission. Arrest and Conviction Records: Resources for Job Seekers, Workers and Employers Many licensed professions, including teaching, healthcare, and law enforcement, are effectively closed. California licensing boards have broad authority to deny or revoke professional licenses based on sex offense convictions.
International travel has its own rules. Registrants whose conviction involved a minor must carry a passport with a printed identifier stating that fact.11U.S. Department of State. Passports and International Megan’s Law Under federal law, all registered sex offenders must report international travel plans to their sex offender registry at least 21 days before departure, and emergency travel must be reported as soon as it is scheduled.12U.S. Marshals Service. International Megan’s Law Complaint Form for Traveling Sex Offenders Many countries deny entry to registrants outright.
California also maintains a public website at meganslaw.ca.gov where anyone can search registrants by name, location, or other criteria. The site displays only what California law permits to be disclosed, limited to the registrable sex offense and related details; other criminal history does not appear.13California Department of Justice. Megan’s Law Website Some registrants are excluded from the public site under state law. For many people working toward a successful petition, coming off the public website is the most meaningful part of the outcome.