How to Get Removed From a Sex Offender Registry
Posted on Wednesday, January 25th, 2023 at 1:12 pm
If you are a registered sex offender, you may wonder if there is a way to get removed from the sex offender registry in Florida. The circumstances in which you can do so are limited. However, if you meet the legal requirements, there are steps you can take to have your name removed from the registry. This blog post will outline the process for removing your name from a sex offender registry.
What Is the Sex Offender Registry?
The sex offender registry lists individuals convicted of certain sex offenses who must register with local law enforcement agencies. The information on the registry can vary, but offenders must generally provide their name, age, photograph, address, phone number, and social security number. The registry can also require that you list tattoos or other identifying marks, fingerprints, and palm prints.
Who is Required to Register in Florida?
In Florida, anyone convicted of certain sex offenses must register. This includes crimes such as child pornography, sexual battery, lewd and lascivious offenses, voyeurism, and more, according to Florida Statutes, Section 943.0435. As a registered sex offender, you must regularly report to the county sheriff. Failure to do so can lead to serious penalties.
Options for Removal From a Florida Sex Offender Registry
A sexual predator generally must register in Florida for life. However, depending on the nature of the offense, there are a few ways to potentially remove your name from the sex offender registry.
- “Romeo and Juliet” provision: Offenders who received convictions at a young age may apply for removal if they meet the following conditions:
- The victim was between 13 and 17 years old.
- The victim was not more than four years younger than the offender.
- The sexual conduct was consensual.
- There is no other qualifying sex crime on the offender’s record.
- After 25 Years: If it has been 25 years since the completion of your sentence, and you have received no further convictions, you may be able to apply for removal from the sex offender registry. It depends on the nature of your previous conviction.
- Full Pardon: A full pardon from the state allows you to remove your name from the sex offender registry.
- Out-of-State Designation of Sex Offender Removed: If you are no longer living in Florida but have been convicted of a sexual offense in the state, you may be eligible to remove your name from the registry if you are listed as an out-of-state offender in another jurisdiction.
- Conviction overturned on appeal: If you received a conviction of a sex crime in Florida, but it was subsequently overturned on appeal, you can petition for removal from the registry.
Benefits of Being Removed
Being removed from a sex offender registry can bring many benefits. It can help restore one’s reputation and make it easier to get jobs, housing, and other opportunities that would otherwise be denied due to a criminal background. Removing your name from the registry also allows you to avoid having your name and picture posted on public websites, reducing the chances of being harassed or targeted by members of the public. These are just some of the potential benefits that can come from having your name removed from the sex offender registry.
Crimes Eligible for Removal
Under Florida Criminal Code Section 943.04354, only certain crimes are eligible for removal from the sex offender registry. These crimes include sexual battery, lewd or lascivious offenses committed in the presence of persons less than 16 years of age, sexual performance by a child, computer pornography, and traveling to meet a minor. To be removed from the sex offender registry, you must meet all of the requirements set forth by the state.
How a Sex Crimes Defense Lawyer Can Help
A sex crimes defense attorney can provide valuable assistance to those seeking removal from a sex offender registry. A criminal defense attorney can assess your case, advise you on which options may be available for removal, and help guide you through the necessary steps and paperwork for removal from the registry. Additionally, a criminal defense lawyer will represent you in court if necessary, protecting your rights throughout the process.
Speak With a Pensacola Criminal Defense Attorney
If you are facing criminal charges or would like to get removed from the sex offender registry, consult with an experienced Pensacola sex crimes defense lawyer. At The Morris Firm, our criminal defense lawyers have the knowledge and expertise to provide effective legal representation. We are committed to protecting your rights and defending your freedom. Contact us today by calling (850) 503-2626 to schedule a free consultation and learn more about how we can help.