Registering as a sex offender is a consequence that can last for a lifetime. In some cases, you can file a petition for removal from the registry. People who meet specific criteria can get the opportunity to prove to the court that they are no longer a threat to society and do not have to bear the stigma of a registered sex offender.
In Georgia, there are specific guidelines stipulating who can petition for removal as a registered sex offender and how the application can be reviewed.
When is the Right Time to Petition for Removal?
Previously, registered sex offenders could not petition for the removal from the registry until ten years after serving their jail term, supervised release, parole, or probation. However, since 2010, individuals classified as Level-1 offenders under Georgia’s Sex Offender Registration Review Board were allowed to petition for removal soon after the parole, probation, or completion of their jail term.
Level 1 comprises individuals who are believed who have a low risk of sexual re-offense. Level-2 offenders pose a moderate threat to the community, while level-3 offenders are deemed as sexually dangerous predators.
Currently, only level-1 offenders can petition for the removal immediately after release from prison, parole, or probation. Level-2 offenders must wait for at least ten years before they can begin to file for a petition.
Who is Eligible for Removal?
There are several requirements a sex offender should meet to be removed from the registry. First, you have to have completed your jail term, probation, or parole. You must also be deemed a low-risk sex offender under the Registration and Review Board.
Some of the requirements to meet include:
- No serious harm was caused during the initial offense
- No other convictions of sexual offenses
- The victim was not transported to another place during the offense
- The victim was not physically restrained
- No weapon was used during the crime
- No evidence that the offender had committed similar crimes
If you meet the above criteria, you can petition for a hearing in the court where you were convicted or where you reside. Before you do, it is wise to contact a criminal defense attorney to weigh your case and gather the evidence you need to present before the judge.
Need an Appeals Attorney in Georgia? We Can Help
A criminal defense attorney can help ensure that you meet the requirements ahead of your petition hearing. The lawyer will offer the legal representation you need to prove eligibility for removal. With an experienced Georgia appeals attorney, you will increase the chances of receiving a more fair outcome.
At The Bullard Law Firm, we believe that you require another chance to rebuild your life and reputation. We work our best to fight for our clients’ interests by representing them in sex offender registry removal petitions. If you would like to schedule an appointment with one of our Georgia appeals attorneys, contact us online or call us at (404) 954-0598 to speak to our legal team.
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