Understanding Post-Conviction Relief and SB 384’s Impact on Registration
If you’ve been convicted of a sex offense in California, you may feel like your life is permanently defined by a single moment. But under California law, there are limited but powerful options for post-conviction relief—including expungement and relief from sex offender registration under the state’s reformed three-tier system.
At Simmons & Wagner, we believe that everyone deserves a path forward. As former Orange County District Attorneys, we understand the complexities of California’s post-conviction laws and know how to navigate them on behalf of our clients. If you’re wondering whether you can clean your record, reduce your obligations, or move on with your life—this guide is for you.
What Is Expungement in California?
“Expungement” in California generally refers to a petition for dismissal under Penal Code § 1203.4, which allows individuals to withdraw a guilty plea or verdict and have the case dismissed after completing probation.
An expungement:
- Removes the conviction from your public record (with some exceptions)
- Legally allows you to answer “no” on most job applications that ask if you’ve been convicted of a crime
- Does not erase or seal the conviction entirely
- Does not automatically remove sex offender registration requirements
Still, it can be a crucial first step toward rebuilding your life—especially in employment, housing, and licensing.
Are Sex Crime Convictions Eligible for Expungement?
Some are. Some are not. Eligibility depends on several factors:
You May Be Eligible If:
- You were not sentenced to prison
- You successfully completed probation
- Your offense was a misdemeanor, or a felony that can be reduced
- You are not currently facing other charges or on probation for another case
You Are Not Eligible If:
- You were sentenced to state prison (though other relief may apply)
- You were convicted of certain serious sex offenses involving children, such as:
- PC § 286(c) – Sodomy with a child under 14
- PC § 288 – Lewd acts with a minor
- PC § 288.5 – Continuous sexual abuse of a child
- PC § 289(j) – Sexual penetration with a child under 14
However, even if expungement is not available, you may qualify for relief under other statutes, including SB 384.
What Is SB 384 and How Does It Change Sex Offender Registration?
For decades, California had lifetime sex offender registration for most convictions—regardless of the severity or circumstances. But that changed in 2021 with Senate Bill 384, which replaced the blanket system with a three-tiered registration structure:
???? Tier 1:
- Misdemeanor or non-violent felony sex offenses
- Registration for 10 years (5 years for juveniles)
- May be eligible for removal after that period if criteria are met
???? Tier 2:
- Mid-level felonies, certain repeat offenses
- Registration for 20 years (10 for juveniles)
???? Tier 3:
- Serious or violent sex offenses (e.g., multiple victims, force, minors under 10)
- Lifetime registration, but some cases may still qualify for relief depending on the details
To qualify for removal from the registry, you must:
- Complete the mandatory registration period
- Not have re-offended
- Not be on parole, probation, or supervised release
- File a petition for termination of registration with the court and demonstrate rehabilitation
Why Post-Conviction Relief Matters
Even if you served your sentence and fulfilled your obligations, a sex crime conviction can continue to impact:
- Employment and licensing
- Housing opportunities
- Immigration status
- Personal relationships
- Your public reputation
That’s why taking advantage of California’s post-conviction tools is so important.
How Simmons & Wagner Can Help
At Simmons & Wagner, we fight to give clients their lives back. Our team can help you:
- Determine if your conviction qualifies for expungement
- Petition the court for dismissal under PC § 1203.4
- Reduce a felony to a misdemeanor under PC § 17(b), if applicable
- File for early termination of probation
- Petition for removal from the sex offender registry under SB 384
- Represent you in hearings and ensure your rights are protected
As former prosecutors, we know what judges and DAs look for—and we use that knowledge to present the strongest case for relief possible.
Ready for a Second Chance? We’re Here to Help.
If you’re living under the weight of a past sex crime conviction, know this: California law has changed—and you may have options.
Contact Simmons & Wagner today for a confidential case evaluation. Whether you’re seeking expungement, registry relief, or a new path forward, we’re ready to fight for your future.