Removal of the Requirement to Register as a Sexual Offender or Sexual Predator in Special Circumstances
If you are a registered sex offender or sexual predator under Florida law, you must usually register for life unless you have been fully pardoned, or a court has set aside the conviction. However, certain people who are required to register as sex offenders may be able to ask the criminal division of their circuit court to lift the sex offender designation. For many people convicted of sex crimes, the removal of the requirement to register as a sex offender is foremost in their minds. At Hanlon Law, Tampa sex crime lawyer Will Hanlon is an experienced and skillful attorney who may be able to advise you of your options and petition the court on your behalf.Removal of the Sex Offender Registration Mandate
Some people must register as sex offenders even after they have been released from supervision, prison, or jail. Some individuals are eligible to ask the court to lift the requirement to register as a sexual predator or sex offender under Florida Statutes section 943.04354.
You can be considered for removal if your conviction was for a violation of lewd or lascivious laws, sexual performance by a child, or computer pornography, or a similar crime in another jurisdiction. The reason that you are mandated to register as a sex offender or sexual predator must be only on the basis of this conviction.
Eligibility also hinges on whether you were convicted in another jurisdiction of a similar crime but no longer meet the criteria to register as a sexual predator or offender in that other jurisdiction. You cannot be more than four years older than the victim, who must have been 13-18 at the time of the violation in the other jurisdiction.
You cannot have any other conviction for sexual battery, lewd or lascivious offenses involving someone under age 16, sexual performance by a child, computer pornography, or a similar crime in another jurisdiction. In other words, you cannot have multiple convictions for sexual performance by a child or computer pornography and be able to lift the registration requirement. You also cannot have the more serious charges, such as sexual battery or perpetrating lewd and lascivious acts on children, on your record in order to be eligible to lift the registration requirement.
If you meet the criteria to have the registration requirement removed, you can petition the criminal division of the circuit court where the conviction happened, where you live, or where you last lived if you have a conviction of a violation of a similar law for another jurisdiction when you no longer live in Florida. In the petition, you will need to state that you meet all of the criteria and that removing this registration requirement will not conflict with federal law that requires sexual conduct to be consensual, irrespective of the age of the victim. If you are convicted of an offense in some other jurisdiction, you will need to give the court a written confirmation that you no longer need to register where the conviction was obtained.
The state attorney will need notice of the motion at least 21 days before the hearing date, and they are allowed to give evidence to oppose the relief that you want or otherwise show that it would not be proper for the court to grant your request.
If the court denies your request, you are not authorized to file another motion to remove the registration requirement, making it imperative that you have representation by an experienced criminal defense attorney from the start.
Once you give the Florida Department of Law Enforcement a certified copy of the court order removing the registration requirement, the registration requirement no longer applies to you. The FDLE is supposed to remove all of the information about you from the public registry of sex offenders and predators. However, this does not mean that the public will not have access to your criminal history or record.Hire a Knowledgeable Sex Crime Lawyer in the Tampa Bay Region
If you want to remove the requirement to register as a sex offender, you should retain an experienced criminal defense lawyer. Our founder, Tampa attorney Will Hanlon, has provided a strong, aggressive defense to people accused of sex crimes since 1994. He strives to provide personalized representation to his clients. Call Hanlon Law at 813-228-7095 or use our online form if you are dealing with the consequences of a conviction of statutory rape or another sex crime charge.