Why petition for removal from the sex offender registry?
It goes without saying that the requirement to register as a sex offender is a burden. Sex offender registrants suffer ridicule, shame, rejection, and embarrassment. Registered sex offenders have limitations on where they can live. The jobs that are available for those who register as a sex offender are low paying. That is if you can find an employer that will hire you at all.
Sex Offender Registration laws have become broader in scope and stricter in their application as time has gone on. The government brands young men over the age of 18 who have sexual intercourse with a girl under the age of 18 as sex offenders. They suffer all the shame, embarrassment, and rejection that child rapists do.
Who can petition for removal from the sex offender registry?
To qualify to file a request, you must first meet the following criteria:
- You have not been convicted of an ‘aggravated offense’;
- Not been designated a ‘violent sexual predator’;
- Been out of custody for ten years or more.
- You completed your probation or parole, and the Court never revoked it.
- You do not have any criminal charges pending and are not under investigation for a violent crime.
- You have completed a sex offender treatment program.
- You have had no felony convictions since you began registering as a sex offender.
- You have committed no new sex offenses during the period you have been required to register.
An ‘aggravated offense’ is defined by Idaho Code 18-8303(1). If the victim was under the age of thirteen, then you are disqualified from filing.
If you meet the above criteria, then you qualify to petition the district court for a hearing. However, you are not off the registry yet. The next step is to file the petition.
Where must you file the petition?
- If the crime happened in the State of Idaho, then you must file the petition in the county where the crime occurred. So for example, if the offense took place in Boise, Idaho then you must submit your case in Ada County.
- If the crime happened outside the State of Idaho, then you must file the petition in the county you reside. So for example, if the offense occurred in Portland, Oregon, but you now live in Boise, Idaho then you must file in Ada County.
What evidence must you present at the hearing?
Getting a court date does not guarantee your removal from the registry. You must next prove your case by ‘clear and convincing’ evidence. In other words, the burden is on you at this hearing. It is you who must convince the court, not the State’s burden to disprove your eligibility.
You will focus on one central issue at the hearing. The issue is are you a risk to commit a violent crime or another registrable offense. Therefore, you must prove by clear and convincing evidence that you are not a risk.
What cases will the Atkinson Law Offices firm handle?
Our attorneys will represent any petitioner that meets the above requirements and is qualified to petition within the Third or Fourth Districts of the State of Idaho. These districts include the following counties; Ada, Boise, Canyon, Elmore, Gem, Payette, Owyhee, Valley, and Washington. Some of the cities covered are, Boise, Eagle, Star, Meridian, Mountain Home, Kuna, Caldwell, Nampa, Cascade, and Payette.
Contact Atkinson Law Offices today.
Call today to speak to a lawyer about filing your petition for release from the sex offender registry. The initial consultation is free of charge.