Will I Need to Register as a Sex Offender for the Rest of My Life?
In the State of Georgia, sex crimes are taken very seriously, and the penalties imposed on those who have been convicted of a sex crime are severe. In addition to steep fines and a prison sentence of up to 20 years, if convicted of a sex crime, you may be required to register as a sex offender. Depending on the circumstances, this penalty may be imposed for life. This can have a devastating impact on your reputation and your ability to seek employment and apply for a loan or a mortgage.
You may be able to have your name removed from the registry by filing a petition in court. However, several requirements must be met to be eligible for removal. An experienced criminal defense lawyer will review your case, assist you with removing you from the registry if you meet the legal requirements, and ensure that your legal rights are protected throughout the process.
What Is the Sex Offender Registry?
The sex offender registry is a list of individuals who have been convicted as sex offenders in a particular state. Depending on the jurisdiction, certain information about the offender is contained in the registry and is available to the public. In most cases, the public has access to the offender’s name, current address, offenses, and a photograph of the offender.
Once convicted, a sex offender must register with the sheriff’s office in the county where they live within 72 hours. If a convicted sex offender fails to register within the required amount of time, they will face severe penalties, including a prison term of one to thirty years for a first conviction and five to thirty years for a second conviction. Failing to register is a strict liability crime, and there is no leniency for offenders who forget to register on time, fail to check in with the sheriff, or claim that their failure to register was an accident or unintentional.
Who Is Required to Register as a Sex Offender?
According to Georgia law, any individuals that fall into the following categories must register with the state as a sex offender:
- Any person who was convicted of a dangerous sexual offense on or after July 1, 1996.
- Any person previously convicted of a criminal offense against a minor and was released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.
- Anyone who was previously convicted of a dangerous or sexually violent offense and is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.
- Individuals who are a resident of Georgia who intend to reside in the state, and who were convicted under the laws of another state, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 1996.
- A nonresident who changes residence from another state to Georgia who is required to register as a sex offender under federal, state, territory, military, or tribal law, or who has been convicted in Georgia of a criminal offense against a victim who is a minor or any dangerous sexual offense.
Can I Be Removed From the Sex Offender Registry?
While you may petition the court to be removed from the sex offender registry, there is no guarantee that your petition will be approved. To be removed from the registry, you must first meet the following requirements:
- You completed your prison term, supervised release, and probation for the offense that required you to register as a sex offender, and you are confined to a hospice care facility, a skilled nursing home, a residential care facility, or a nursing home, or you are totally and permanently disabled.
- You were sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006.
- You were required to register because you were convicted of kidnapping or false imprisonment involving a minor, and the offense did not involve a sexual offense against a minor or an attempt to commit a sexual offense against a minor.
- You completed all prison, parole, and probation requirements.
- Ten years have passed since you completed all the requirements or have been classified as a Level 1 risk assessment classification.
If you meet the eligibility requirements, you can file a petition for release with the Superior Court in the country where you were convicted or in the county where you live. Copies of the petition must be served to the district attorney and sheriff in both counties.
In most cases, a sex offender will not have a risk assessment classification unless they have a recent conviction date. If you have not been classified by the Sex Offender Registration and Review Board (SORRB), the court will order the SORRB to conduct a risk assessment and classify your level of risk within 90 days. If you are classified as a Level 1 risk, your case will proceed to a removal hearing, where a judge will determine whether your name can be removed from the registry.
What Happens at the Removal Hearing?
A judge will determine whether there is a preponderance of evidence that you no longer pose a substantial risk of committing a dangerous sexual offense in the future. If the court is satisfied that there is little to no risk of re-offending, you may be completely removed from the sex offender registry, or the court may grant your petition on a temporary basis.
Copies of the petition will be sent to the sheriffs and district attorneys who were initially served, the Georgia Department of Corrections, and the Georgia Bureau of Investigation so they can take the necessary steps to remove your name from the registry. If your petition is denied, you must wait at least two years before you can file a new petition.
Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Wish to Be Removed From the Sex Offender Registry
If you were convicted of a sex crime and you meet the requirements to be removed from the sex offender registry, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. We will help you navigate this process, protect your legal rights, and negotiate the best possible outcome. To schedule a consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.