Once your name on the sex offender registry has been there for a given time. You can request the registry to remove your name and other details. But, some cannot be removed at all. Each state has its own criteria and eligibility. If you or a loved one’s name is on a state sex offender registry you can remove it by following some steps.
Who is eligible for removal?
States have different levels or tiers to classify sex offenders according to their offenses. These tiers sometimes determine how long would a name be on the registry. Once the time has passed as per the tier, you can usually apply for removal. Each state has its own timeline. This website will explain to you each states’ rules on removal. For example, in California, tier I offenders are less harmful. Therefore, they need to register for 20 years. But, tier II and III offenders need to register for life. It means that their name cannot be removed from the registry in their lifetime.
How to petition to remove your name?
Once you are eligible for removing your name and your name was in the registry for long enough. Then, you can petition the court in your state to remove your name. The court may ask you for certificates stating your fitness. This could be from a registered doctor or rehab center. The courts want to know that you are not a threat to the community anymore.
The court will review your request. In California, you can apply to the superior court of your county. They will evaluate some factors. It could be your past criminal history and the intensity of sex crime. Courts may also see if you committed a subsequent sex crime. For example, in North Carolina, a second sex crime or arrest will make you ineligible for removal from the registry.
If the petition is denied you can re-file after a certain period. But, for serious sex crimes, you can request a pardon for the removal of the name. Once your petition is approved, your name will be removed from the registry. But, it doesn’t mean that your name will disappear from public criminal records.
Can a sex crime be expunged from your criminal record?
It depends upon the sex crime. Usually, it is difficult to expunge your name for a sex crime. If the case involves a minor or a child, your name cannot be expunged. Also, all violent sexual crimes and felonies cannot be expunged. But, misdemeanor sex crimes could be expunged.
It is possible to remove your or your loved one’s name from a state sex offender registry. Each state has its timeline for how long a name should be on the registry. You can apply to the state’s superior court. The court would check if you are eligible based on a few factors. Knowing these rules will help you clear your record from the registry. It means that you won’t face employment and other problems due to this.