The sunshine state passed a law that redefines rules for individuals who are added to the sex offender registry.
How The Registry Works Now
Current California law states that any resident who is convicted of a sexual crime must register as an offender. Anyone who fails to do so could be arrested and charged with a misdemeanor or felony based on the scope of their initial offense. After registering, the individual is listed on a public database. Information about their offense and conviction is then accessible to the public online.
There are many different types of sexual offenses. Every conviction currently requires the person to be permanently listed on the sex offender registry. The upcoming Senate Bill 384 (SB 384), commonly known as the Sex Offender Registration Act, will revise that.
What Will Change
The registry will be broken up into three tiers:
Offenses that are deemed a Tier 1 will require the person to be listed on the sex offender registry for a minimum of ten years after their date of discharge. Following the stipulated period of time, the person may appeal to be removed from the registry. SB 384 states that Tier 1 includes offenders who are convicted of a misdemeanor or felony that was not considered serious or violent.
Offenses that are deemed a Tier 2 will require the person to be listed on the sex offender registry for a minimum of twenty years after their date of discharge. Once the decreed period of time has passed, the person may appeal to be removed from the registry. SB 384 states that Tier 2 includes offenders who were convicted of the type of offenses described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense which was tried separately.
Offenses that are deemed a Tier 3 will require the person to be permanently listed on the sex offender registry. This includes (but is not limited to):
· Habitual offenders.
· Offenders that are deemed to be sexually violent predators.
· Offenders who are considered to have an above average risk of committing additional sexual crimes.
· Offenders who were sentenced to fifteen or more years.
Juvenile offenders will have a similar tier system with differing timeframes.
How This Could Impact Employers
Currently, individuals who are listed on the registry cannot remove themselves at any time. Those individuals are likely to have a difficult time finding employment in most industries. Once the new system is in place, Tier 1 and Tier 2 offenders may be able to remove their names from the registry. If that happens, then the individual’s registration would not be available on a criminal background check. This could open job opportunities for former offenders and expand the applicant pool for employers.
Backgrounds Online is a consumer reporting agency that is accredited by The National Association of Professional Background Screeners. Our team makes efforts to keep up with laws that affect employers throughout the nation. If you have questions about running background checks, what type of information is legally available or how we can help with your hiring efforts, please contact us today.