Are you required to register with the sex offender registry? Chances are you have experienced negative consequences as a result. Registration requires the registrant to provide a lot of personal details. Because the registry is open to the public, anyone has access to this personal information. This opens up the potential for discrimination, threats, and unwanted bias. Getting court approval to deregister can have a positive impact on a person’s ability to obtain employment, find housing, and reduce emotional distress.
Filing a Petition to Discontinue Sex Offender Registration
The process of filing a Petition to Discontinue Sex Offender Registration can be daunting. Having an experienced attorney on your side to navigate this complicated process is important to presenting the best case possible for why you should be allowed to deregister.
Where do I begin? First, you must meet one of the requirements for deregistration:
- Completion of a deferred sentence or deferred adjudication (as long as all components have been successfully completed and no new convictions have occurred); OR
- Your case has been dismissed; OR
- You were a juvenile at the time of sentencing and your juvenile sentence has been successfully competed; OR
- Your case was a misdemeanor and more than 5 years have passed since your release from the court (as long as no new convictions have occurred); OR
- Your case was a felony and more than 10 years have passed since your release from the court (as long as no new convictions have occurred); OR
- Your case was a class 1, 2, or 3 felony and more than 20 years have passed since your release from the court (as long as no new convictions have occurred).
However, if you were classified as a violent predator, your case was against a child, was incest, or if there are multiple convictions of sexual crimes, then your case may not be eligible for deregistration.
Keeping your record clean increases the likelihood for deregistration.
Next, you will have to give notice of intent to discontinue sex offender registration. This notice must be sent via certified mail, with a return receipt, to all of the law enforcement agencies you have registered with. This notice gives law enforcement agencies, as well as the prosecuting attorney, a notice that you are seeking to deregister. The prosecuting attorney will have the opportunity to object to your petition.
Finally, you may file your Petition. You must complete the Petition and all coordinating forms with the Court. There are additional forms to be completed for juvenile cases. This task can be tedious, and an experienced law firm can ensure your petition gets filed correctly.
Petitions: Denials and Acceptance
Your Petition may get denied or you may receive a Notice of Hearing where you will have the chance to argue your case before the Court. At a hearing to discontinue sex offender registry you will have the opportunity to show the court your successful completion of your deferred sentence and your successful integration within your community. The Judge will listen to your reasons for deregistration as well as listen to any of the prosecuting attorney’s objections. Preparing for the hearing can be time consuming and stressful. Having a sex crime defense lawyer by your side ensures that someone is there to be an advocate for you.
The Bussey Law Firm, PC has the experience to help you with your Petition to Discontinue Sex Offender Registration. Let us help you determine if you meet the requirements for deregistration and file a Petition on your behalf. Call us today at (719) 401-0585 to begin your deregistration process.