Charlotte Criminal Lawyer Blog
How Can I Be Removed From the Sex Offender Registry?
After conviction on sex crime offenses, a person must follow the legal requirements that apply. A convicted sex offender must not reside within 1,000 feet of a school or daycare facility. A convicted sex offender is not allowed to provide instruction, supervision, or care for children. In addition, a person convicted of sex offenses generally must register as a sex offender. Registration as a sex offender may have a devastating impact on your life, and you may wonder whether you are eligible to get your name removed from the sex offender registry.
Sex Offender Registry
A person convicted of a sex crime must register with the local sheriff’s department. The sex offender registry is a list of convicted sex offenders that includes their current address. The public may utilize the list to verify the location of nearby convicted sex offenders in their neighborhood. A person who is required to register must report a change of address. If a convicted sex offender moves to a different state, they must register with that jurisdiction.
The standard initial period of registration is 30 years. However, some types of crimes allow for removal from the registry after 10 years.
Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”
Sex Offender Tier System
There are several tiers of sex offenders, depending on the severity and other factors of the conviction. There are federal sex offender registry removal guidelines that you must meet before you may be considered for removal from the registry. There are three tiers in the federal system.
Tier 1 usually applies to offenders of non-violent or non-aggravated sex crimes and requires a 15-year registration with the ability to seek removal after 10 years as long as the offender has a clean record during that time. Tier 2 offenses require a minimum sex offender registration of 25 years. Tier 3 offenses are considered the most serious and require a lifetime registration.
Sex Offender Registration Removal
A request for removal from the sex offender registry must be made in the jurisdiction where the conviction occurred. After filing a petition, the court will schedule a hearing on the matter. The applicant must show that they have not been arrested for any new crimes that would require them to be placed on the sex offender registration. The request must comply with federal guidelines. In order to be considered for removal, the judge must find that the applicant is not a threat to society. The judge will review the elements of the case to make a determination.
What Happens if I Do Not Register?
It is important that you not take matters into your own hands and simply choose not to register as a sex offender. The rules regarding the registration of convicted sex offenders are clear. If you are found to be non-compliant, you could face a new felony charge. Under North Carolina law, failure to register as a sex offender is a Class F felony that carries a sentence of up to 62 months of imprisonment. As a convicted sex offender, it is best to follow the law and seek legal guidance to try to get removed from the sex offender registry.
If you may be eligible for removal from the sex offender registry, we can help. Contact Arnold & Smith, PLLC, at (704) 370-2828 to discuss your options with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://sexoffender.ncsbi.gov/faq.aspx
https://www.law.cornell.edu/wex/sex_offender
Image Credit:
https://www.freeimages.com/photo/handcuff-1425387
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts:
Charlotte Police Creates Map map of Violent Crime Hot Spots in the City