Sex Offender Registry Removal
A person may file a petition with the court to discontinue sex offender registration. Different waiting periods and rules apply depending upon the classification of the underlying conviction and whether the conviction was in Colorado, out of state, or obtained when the person was a juvenile or adult.
Certain persons are ineligible for removal from the sex offender registry, thus registration is a lifetime requirement. Those persons are as follows: a sexually violent predator, any person who was convicted as an adult of: 1st degree sexual assault, 2nd degree sexual assault, sexual assault in violation of CRS 18-3-402 (includes offenses described by statute in CRS 18-3-402 to include Class 4 Felony, Class 1 Misdemeanor Extraordinary Risk, Class 3 Felony, Class 2 Felony), sexual assault on a child, sexual assault on a child by a person in a position of trust, sexual assault on a client by a psychotherapist, incest, aggravated incest, and any adult who has more than one conviction or adjudication for unlawful sexual behavior in Colorado or another state as an adult or juvenile.
Persons who are eligible to discontinue sex offender registration include those that have received a deferred sentence or deferred adjudication for unlawful sexual behavior or an offense involving the factual basis of unlawful sexual behavior. The underlying case must have been dismissed and the person must not have been subsequently convicted or adjudicated for any offense involving unlawful sexual behavior.
If an individual was less than 18 years of age and was adjudicated as a juvenile for an offense involving unlawful sexual behavior or the offense involved a factual basis for unlawful sexual behavior he or she may petition the court for removal. Additionally, the petitioner must show that all terms and conditions of the sentence have been completed and the petitioner has not been subsequently convicted or adjudicated for an offense involving unlawful sexual behavior.
A petitioner may also request removal of the registration requirements if the offense was a misdemeanor (other than unlawful sexual contact or 3rd degree sexual assault) and 5 years have passed since petitioner’s discharge from DOC (Dept of Corrections) or the termination of the jurisdiction of the court. The petitioner must also certify that he/she has not been subsequently convicted or adjudicated for any offense involving unlawful sexual behavior.
If the offense was a Class 1 Misdemeanor of unlawful sexual contact, 3rd degree assault, Class 4 Felony, Class 5 Felony, or Class 6 Felony, the petitioner may request to discontinue registration after 10 years from discharge from DOC or the release from the court’s jurisdiction. The petitioner must certify that he/she has not been convicted of a subsequent offense involving unlawful sexual behavior.
Twenty (20) years must have passed from the petitioner’s release from the jurisdiction of the court or discharge from DOC before a petitioner may request removal from the registry if the offense was a Class 1 Felony, Class 2 Felony, or Class 3 Felony. Petitioner may not have been subsequently convicted or adjudicated for any offense involving unlawful sexual bahavior.
Removal from the sex offender registration system and discontinuation of the reporting requirements can be a complex process. Contact Attorney Monte Robbins today for a free case evaluation today 303-355-5148, or 970-301-5541.