How to Complete and File California’s SB 384 Petition (Form CR-415)

To end your California sex offender registration under SB 384, you file Judicial Council Form CR-415, the Petition to Terminate Sex Offender Registration, in the Superior Court of the county where you currently register. The California SB 384 petition Form CR-415 has no filing fee, but you must attach proof of your current registration, serve the required law enforcement agencies and District Attorneys, and wait through two 60-day review windows before a judge rules. Tier 1 and Tier 2 registrants who have completed their minimum registration periods can petition; most Tier 3 registrants cannot.

Confirm You Are Eligible Before You File

SB 384 replaced California’s lifetime registration requirement with a three-tier system on January 1, 2021. Your tier and the length of time you have already registered determine whether you can file now.

  • Tier 1 registrants may petition after 10 years.
  • Tier 2 registrants may petition after 20 years.
  • Tier 3 registrants generally cannot petition. A narrow exception exists for individuals designated Tier 3 solely because of a high SARATSO risk score at release; they may petition after 20 years if their risk level has since dropped.1California Department of Justice. California Sex Offender Registry Frequently Asked Questions

The registration clock starts on the date you were released from incarceration, placement, commitment, or placed on probation or supervision. Any later period of incarceration or civil commitment pauses the clock. A misdemeanor failure-to-register conviction adds one year to your minimum; a felony failure-to-register adds three. A new registerable offense restarts the clock entirely, based on whichever tier is highest.2California Legislative Information. California Penal Code 290 – Section: Subdivision (e)

Even after your minimum period expires, you cannot file immediately. Penal Code Section 290.5 requires you to wait until your next birthday after that expiration.3California Legislative Information. California Penal Code 290.5 If your 10-year minimum expires in March and your birthday falls in September, September is the earliest you can file.

You also cannot file if you are currently in custody, on parole, on probation, or on any form of supervised release. Pending criminal charges that could extend your registration or change your tier must be resolved first.3California Legislative Information. California Penal Code 290.5

If you do not know your tier, check your tier notification letter from the California Department of Justice, or ask your local registering law enforcement agency.1California Department of Justice. California Sex Offender Registry Frequently Asked Questions

What to Gather Before You Fill Anything Out

You need two Judicial Council forms and one supporting document:

  • Form CR-415, Petition to Terminate Sex Offender Registration. Download it from the California Courts website or pick one up at your Superior Court clerk’s office.4California Courts | Self Help Guide. Petition to Terminate Sex Offender Registration (Pen. Code, 290.5) (CR-415)
  • Form CR-416, Proof of Service. This is filled out later, by the person who serves your petition on the required agencies.
  • Proof of current registration. Ask the law enforcement agency where you register for documentation showing you are currently registered. Section 290.5 requires you to attach this to the petition.3California Legislative Information. California Penal Code 290.5

You may still see older references to forms numbered BCIA 8701 and BCIA 8701P. Those are outdated. CR-415 and CR-416 are the current forms.5California Courts. How to Ask to End Sex Offender Registration Requirement

Completing Form CR-415

The form asks for your full legal name, any aliases, your date of birth, and information about the conviction that triggered your registration obligation: the court, the county, and the case number. You attach your proof of current registration as an exhibit.

Match every detail against your tier notification letter and your registration records before you submit. If the case number, conviction information, or tier status on your petition does not line up with what the Department of Justice has on file, the court can deny the petition without a hearing. If you never received a tier notification letter or have lost it, your registering agency can supply the information.1California Department of Justice. California Sex Offender Registry Frequently Asked Questions

Some counties require local supplemental forms. Call your Superior Court clerk before filing to ask. Make at least three copies of the completed petition and every attachment. You will need them for service.5California Courts. How to Ask to End Sex Offender Registration Requirement

Where and How to File

File the original CR-415, with your proof of current registration attached, at the Superior Court in the county where you are required to register. If you register in more than one county, file where you primarily live. There is no filing fee.5California Courts. How to Ask to End Sex Offender Registration Requirement

You can file at the clerk’s window, by mail (include a self-addressed stamped envelope for a filed-stamped copy back), or through e-filing if the court offers it. The clerk stamps the petition with a case number and filing date. Keep a filed-stamped copy. You will need it if any timeline questions come up.

Serving the Required Agencies

After filing, you must serve copies of the petition on every agency Section 290.5 requires. This is where petitions get tripped up procedurally. Someone 18 or older, and not you, must deliver the copies, either by mail or in person.5California Courts. How to Ask to End Sex Offender Registration Requirement

The agencies that must be served are:

  • The registering law enforcement agency in the county where you filed.
  • The District Attorney in the county where you filed.
  • The law enforcement agency in the county of conviction, if that is a different county.
  • The District Attorney in the county of conviction, if that is a different county.

If you were convicted in Los Angeles County but currently register in San Diego County, you serve agencies in both.3California Legislative Information. California Penal Code 290.5

Once every agency has been served, your server fills out and signs Form CR-416 and you file it with the court. If an agency agrees to accept service by email, your server can do that instead, though the court may want proof the agency consented. The case does not move forward until the proof of service is on file.5California Courts. How to Ask to End Sex Offender Registration Requirement

What Happens After You File

Two separate 60-day clocks start once the agencies are served. First, the registering agency (and the agency in the county of conviction, if different) has 60 days to check whether you have met the requirements under Penal Code Section 290(e) and report to the District Attorney and the court.3California Legislative Information. California Penal Code 290.5 After that report reaches the DA, a second 60-day window opens for the DA to decide whether to request a hearing.6California Department of Justice. What Is the Impact of Tiered Sex Offender Registration on California Criminal Justice Agencies?

The DA can request a hearing on two grounds: that you have not fulfilled the registration requirements under 290(e), or that community safety would be significantly enhanced by requiring you to keep registering.3California Legislative Information. California Penal Code 290.5

If No Hearing Is Requested

If the DA does not object within the 60-day window, the judge grants the petition automatically, provided four conditions are met: your petition included proof of current registration, the registering agency confirmed you met the requirements, you have no pending charges affecting your tier or period, and you are not in custody or on supervision.3California Legislative Information. California Penal Code 290.5 No court appearance is required.

If a Hearing Is Scheduled

At a contested hearing, the DA presents evidence that continued registration would significantly enhance community safety. The court weighs several factors:3California Legislative Information. California Penal Code 290.5

  • The nature and facts of the original offense.
  • The victims: how many, their ages, and whether any was a stranger (defined as someone known to you for less than 24 hours).
  • Your criminal history and relevant noncriminal conduct before and after the registerable offense.
  • How long you have been in the community without reoffending.
  • Whether you completed a sex offender treatment program certified by the Sex Offender Management Board.
  • Your current SARATSO static, dynamic, and violence risk assessment scores, if available.

Both sides can submit declarations, affidavits, police reports, and other evidence the court finds reliable. If you completed a certified treatment program, bring the documentation. Letters from employers, therapists, or community members can help, though the statute does not require them.

If the Petition Is Denied

The court can deny in two ways. A summary denial happens without a hearing when the judge finds you do not meet the statutory requirements: your minimum period has not actually expired, proof of current registration is missing, or the required agencies were not served. The court must state its specific reasons.3California Legislative Information. California Penal Code 290.5

A denial after a hearing means the judge concluded that community safety would be significantly enhanced by continued registration. Either way, the court sets a minimum waiting period of at least one year before you can file again.5California Courts. How to Ask to End Sex Offender Registration Requirement Use that time to address whatever the court flagged.

If the Petition Is Granted

The court issues an order terminating your registration requirement and transmits it to the California Department of Justice, which updates the state registry and removes your information from the Megan’s Law public website.7Orange County Sheriff’s Department. Senate Bill 384 – Lifetime Sex Offender Registration Keep a certified copy of the court order. You will want it accessible for years.

What State-Level Termination Does Not Do

A California court order ends your California registration obligation. It does not resolve every related requirement, and three limits are worth knowing before you file.

Most other states require registration if you were ever convicted of a registerable offense anywhere, regardless of whether your originating state still requires you to register. If you are considering a move, research the destination state’s rules before you relocate.

Under International Megan’s Law, the U.S. State Department places a unique identifier in the passports of individuals designated “covered sex offenders” by the Angel Watch Center at the Department of Homeland Security.8U.S. Department of State. Passports and Covered Sex Offenders Under International Megan’s Law California termination does not automatically remove that identifier; contact Angel Watch directly with your court order.

Federal registration under SORNA operates independently of California’s system, and SORNA provides that registration continues even when a conviction has been expunged, set aside, or pardoned.9Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). Case Law Summary – I. SORNA Requirements Whether your California termination satisfies any federal obligation depends on your specific offense.

Handling the Petition on Your Own or With Counsel

You can file CR-415 without an attorney. The California Courts self-help site walks through the steps and links to the current forms.5California Courts. How to Ask to End Sex Offender Registration Requirement When the DA does not object and the paperwork is clean, the process is manageable on your own.

An attorney becomes worth the cost when a contested hearing looks likely, when out-of-state or federal convictions complicate your history, or when your tier designation appears wrong. Your county public defender’s office may assist with SB 384 petitions at no charge.10California Courts. PC 290 Registration Relief (Sex Offender Registration) Contact them early; these offices handle petitions in batches, and appointments can take time.