Can You Be Removed From the Sex Offender Registry in Georgia?

The sex offender registry protects the public by requiring that certain sex offenders register with the state. This registry is public information, which means virtually anyone with an internet connection can find out about your criminal past. Removal from the sex offender registry is sometimes possible and is a critical step in moving on after paying your debt to society. A LaGrange, GA sex crimes defense attorney at Moffitt Law can meet to answer your questions and guide you through the process.

How Can You Be Removed from the Sex Offender Registry in Georgia?

Georgia Code § 42-1-19 lays out the route for petitioning for removal from the sex offender registry. Call Moffitt Law, LLC, to discuss the steps and whether you qualify. A little legwork up front can smooth out the process and help address any outstanding problems.

Check if You Are Eligible

Not everyone can request removal from the sex offender registry in Georgia. Instead, you must meet one of the following:

1. You have completed your sentence and are permanently disabled, seriously incapacitated, or confined to a nursing home or care facility; or
2. Your offense was reclassified as a misdemeanor after 2006; or
3. You were required to register solely because of a conviction for false imprisonment or kidnapping of a minor where you did not attempt a sexual offense; or
4. You are a low-risk offender (Level 1) without aggravating circumstances who has waited at least five years after completing your sentence.

If you have an out-of-state conviction, then you must wait longer to apply as a low-risk offender. Contact our office to discuss eligibility. It is best to find out early if you can request removal before spending considerable time applying, only to be rejected. A lawyer can also spot potential problems on the horizon.

Undergo a Risk Assessment Evaluation

Probably most offenders seeking removal will need to be evaluated by a psychiatrist or psychologist. The Sexual Offender Risk Review Board performs these assessments. You will be assigned a risk level as part of the assessment:

• Level I. This is the lowest level. An offender is a low risk for re-offending in the future.
• Level II. This level indicates the offender is at an intermediate risk of re-offending in the future.
• Sexually dangerous predator. Those at the highest risk level are most likely to re-offend.

Filing a Petition for Removal from the Sex Offender Registry in LaGrange, Georgia

A judge will need to sign off on any request to be removed. You can kick off the process by filing a petition with the appropriate superior court, which is the county where you were convicted. If you are registering due to an out-of-state conviction, then you can file in the county where you currently reside.

Copies must be served on the District Attorney, Sheriff, and possibly other parties. This is a required step because they might object to your removal.

Attend a Hearing

The focus of the hearing will be whether you pose a substantial risk of reoffending. A judge will not simply sign off because you have otherwise met certain statutory requirements. Instead, you should be prepared to present important evidence in support of your claim.

Work with an experienced lawyer to gather targeted evidence that a judge will find useful. You will need to prove to the judge that you are rehabilitated, which is a hard hill to climb. Judges look at your entire conduct since the offense, both inside and outside of prison. For example, you would not be a strong candidate if you committed sexual offenses while behind bars.

We might ask a therapist or psychologist to testify on your behalf, as well as other character witnesses. They can provide insight into whether you are rehabilitated to the extent that removing you from the registry makes sense. Our lawyer will also help you prepare to testify.

Wait for the Court’s Decision

A judge can choose to remove you from the registration requirement or lift only some of the requirements.

Before Starting, Speak with a LaGrange Criminal Defense Lawyer

The mandatory sex offense registry is a serious burden to those convicted of certain offenses. Not only is the information public, but failure to register correctly carries penalties as well. Call Moffitt Law to check if you can be removed from the sex offender registry in Georgia. We can take a close look at your criminal history and review the different options. If hired, we can shepherd your case through the process and prepare you for your hearing. We serve the entire 30240 zip code.