Thursday, June 16, 2011

Topics: States with Petitions Allowing Removal From Registry

States with Petitions Allowing Removal From Registry.

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States with Petitions Allowing Removal From Registry
And State Term of Registration Statutes

When we started this project folks wanted to know of States that have a "Petition Process" to remove registrants from the registry. Then we realized that some registries have been around for some time, and some registrants may no longer have to register negating a need for a "Petition Process."

So we have combined these thoughts into this page, and below are states which have statutes describing "Term of Registration" and/or their "Removal Petition Process," if they had one. To further complicate things we found a few states that have a "Petition Process" to reduce time on the registry, these are also shown below.

Now, no judge is just going to remove someone from the registry without some assurance that the person is not going to commit further crimes. All of these Petitioning Processes require grounds to assure the judge that removal is in the best interests of society.

All the links below are to files created by the National District Attorneys Association as of the end of December 2010. They did a great job of creating these massive files of states' registration laws, and we are linking into those files for this project.
UPDATE AUGUST 2013: NDAA Changes their record keeping for state registration laws in Jan 2013. We will have to break out their files found here under their section titled "Sex Offender Registration." Yet to be done, so links below may or may not work.
That does mean, what is shown below is dated, and laws change almost daily, so it is best if you find something that seems applicable to you, then see a lawyer to get the most up to date information and s/he may be able to help you file the necessary paperwork.

Accordingly, here are the states and statutes:
The National District Attorneys Association has two files which contain the state statutes for petitions to be removed from their state registry. For states:

Alabama through Missouri: HERE
Montana through Wyoming: HERE

Unfortunately our links INTO those files BELOW no longer work due to changes made in their website. However, the ABOVE links will open those files, and you can search them for the statutes we show BELOW. Therefore you can still find what you need.
Arkansas: (ARK. CODE ANN. § 12-12-919 (2010). Termination of obligation to register)

California: (CAL. PENAL CODE § 290.5 (2010). Relief from duty to register)(CAL. PENAL CODE § 290.019 (2010). Discharge from duty to register for decriminalized conduct; Procedures); "California Sex Offenders May No Longer Have to Register" and see "Supreme Court: Sex Offender May Petition for Removal From Registry" and "APPLICATION FOR EXCLUSION FROM INTERNET DISCLOSURE"; Article about Cert of Rehabilitation, here is an excellent review of the Cert Process by lawyers

Colorado: (COLO. REV. STAT. ANN. § 16-22-113 (2010). Petition for removal from registry); "Petitioning to Be Removed From the Sex Offender Registry"; Law Offices of Jeffery P. Matthews P.C.; State Forms;

Florida: (FLA. STAT. ANN. § 943.04354 (2010). Removal of the requirement to register as a sexual offender or sexual predator in special circumstances)

Georgia: (GA. CODE ANN. § 42-1-19 (2010). Petition for release from registration requirements); "CAN A SEXUAL OFFENDER PETITION THE COURT TO BE REMOVED FROM THE REGISTRY?"; Few Sex Offenders Apply To Get Off Registry

Hawaii; (HAW. REV. STAT. ANN. § 846E-10 (2010). Termination of registration requirements); "All sex offenders can petition to get their names off the registry after specified periods of time. There are more than 2,000 registered sex offenders in Hawaii. ..."

Idaho: (IDAHO CODE ANN. § 18-8310 (2010). Release from registration requirements—Expungement)

Illinois: "(730 ILCS 150/3-5) (d) The court may upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon the factors set forth in subsection (e)."

Indiana: (IND. CODE ANN. § 11-8-8-19 (2010). Length of time registration required) (IND. CODE ANN. § 11-8-8-22 (2010). Certain offenders may petition court to remove offender designation or require registration under less restrictive conditions); "Sex offender may file to take name off registry";

Iowa: (IOWA CODE § 692A.106 (2010). Duration of registration);

Kansas: (KAN. STAT. ANN. § 22-4906 (2009). Time period in which required to register; termination of registration requirement) (KAN. STAT. ANN. § 22-4908 (2009). Person required to register shall not be relieved of further registration) (KAN. STAT. ANN. § 22-4912 (2009). Relief from requirement registration);

Kentucky: (KY. REV. STAT. ANN. § 17.520 (2010). Period of registration) (KY. REV. STAT. ANN. § 17.578 (2010). Termination of duty to register);

Louisiana; (LA. REV. STAT. ANN. § 15:544 (2010). Duration of registration and notification period); This shows certain former registrants are being removed from the registry:Louisiana ends sex offender registration for sex workers

Maine: (ME. REV. STAT. ANN. tit. 34-A, § 11225-A (2010). Duration of registration); "Charges for man removed from sex registry a first"; WAYS TO GET OFF THE SEX OFFENDER REGISTRY;

Maryland: (MD. CODE ANN., CRIM. PROC. § 11-707 (2010). Term of registration);

Massachusetts: (MASS. ANN. LAWS ch. 6, § 178G (2010). Duration of Duty to Register);

Michigan: (MICH. COMP. LAWS SERV. § 28.728c (2010). Individual convicted of violation described in subsection (15); petition; jurisdiction; limitations; oath; contents; false statement; filing copy with office of prosecution; notice; entry on database; hearing; rights of victim; factors in court determination; court order; individuals with right to petition) (MICH. COMP. LAWS SERV. § 28.728d (2010). Court order granting petition); "LANSING, Mich. - Many teenagers convicted of having consensual sex with minors no longer would be listed on Michigan's sex offender registry under legislation signed Tuesday by Gov. Rick Snyder...."

Missouri: (MO. REV. STAT. § 589.400 (2010). Registration of certain offenders with chief law officers of county of residence--time limitation--cities may request copy of registration--fees--automatic removal from registry--petitions for removal--procedure, notice, denial of petition--higher education students and workers--persons removed);

Mississippi: Getting Off The Sex Offender Registry";

Montana: (MONT. CODE ANN. § 46-23-506 (2010). Duration of registration);

Nebraska: (NEB. REV. STAT. ANN. § 29-4005 (2010). Registration duration; reduction in time; request; proof)

Nevada: (NEV. REV. STAT. ANN. 179D.490 (2010). Duration of duty to register; termination of duty; procedure; exceptions); "Nevada Sex Offender Registration Termination Benefits," Furthermore, the new law will allow a Tier I offender to petition a court to terminate his duty to register prematurely. A Tier I offender may petition if he has registered for a period of at least 10 consecutive years, during which he was not convicted of a felony or a sexual offense; to qualify, he must also have completed any periods of supervised release, probation, or parole, in addition to an approved sex offender treatment program. If the court grants the petition, it will knock 5 years off of the maximum period that the Tier I offender must register."

New Hampshire: (N.H. REV. STAT. ANN. § 651-B:6 (2010). Duration of Registration; Petition);

New Jersey: "Detailed Guidance for Filing a Petition for Removal From Offender Registry"; Also see these laws for Certificate of Good Conduct to help with employment;

New York; (N.Y. CORRECT. LAW § 168-h (2010). Duration of registration and verification);

North Carolina: "Getting Removed from the Sex Offender Registry (NCGS 14-208)";

Oklahoma: (OKLA. STAT. ANN. tit. 57, § 583 (2010). Registration--Time limits--Duration--Petition for release from registration requirement--Information to be provided to offender);

Oregon: (OR. REV. STAT. § 181.820 (2009). Relief from reporting requirement generally; procedure); Getting off the sex offender list

Rhode Island: (R.I. GEN. LAWS § 11-37.1-4 (2010). Duration of registration--Frequency of registration)

South Dakota: (S.D. CODIFIED LAWS §22-24B-19 (2010). Criteria required to be eligible for removal from the registry); Also news item: "37 South Dakotans have names removed from sex offender registry";

Tennessee: (TENN. CODE ANN. § 40-39-207 (2010). Request for termination of registration requirements – Tolling of reporting period – Review of decisions to deny termination of reporting requirements – Lifetime registration.)

Texas: (TEX. CODE CRIM. PROC. ANN. art. 62.101 (2010). Expiration of Duty to Register) (TEX. CODE CRIM. PROC. ANN. art. 62.301 (2010). Exemption from Registration for Certain Young Adult Sex Offenders);

Virginia: (VA. CODE ANN. § 9.1-908 (2010). Duration of registration requirement) (VA. CODE ANN. § 9.1-909 (2010). Relief from registration or reregistration)

Washington: (WASH. REV. CODE ANN. § 9A.44.145 (2010). Notification to offenders of changed requirements and ability to petition for relief from registration);

Wyoming: (WYO. STAT. ANN. § 7-19-304 (2010). Termination of duty to register);

However Please note: Once removed from the registry there are other concerns. see "Topic: Registry - Recently Removed?"

If anyone knows of other states that have petitions, please let us know thanks.

States Registration Laws: 2010 Version
National District Attorneys Association
National District Attorneys Association
State registration laws: Alabama to Missouri

State registration laws: Montana to Wyoming

State Registration Laws: U.S. Territories & Federal Laws

Practitioner’s Guide to the Adam Walsh Act by Lori McPherson

Navigating SORNA: Juvenile Justice,Tribal Jurisdictions, and New Guidelines by Lori McPherson

For now, have a great day and a better tomorrow.
eAdvocate (BACK to the Top Page)

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