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Removal of the Requirement to Register as a Sexual Offender or Sexual Predator in Special Circumstances

The state of Florida takes sex crimes, especially those against minors, very seriously, and often sentences offenders to mandatory sexual offender registration. Sex offender registration is for life, and comes with a host of enduring consequences, not to mention the social stigma. However, there are certain circumstances where this mandatory registration requirement may be removed. Contact Hanlon Law today to see if you qualify. 


What is the Sex Offender Registry?


The sex offender registry is a list of all convicted sex offenders and sexual predators in the state. This list is freely accessible by the public, and anyone can look up all registered sex offenders in any state. With the widespread availability of the internet nowadays, that means pretty much everyone has the ability to use a personal device to view this registry whenever they want. 


The information documented by the registry may differ from state to state. Florida, specifically, has some of the most detailed entries, generally including the following information: 


  • Personal: full name, date of birth, age, race, sex, etc
  • Physical: eye color, hair color, height, weight, identifying marks/scars/tattoos, etc
  • Criminal: designation as either sex offender or sexual predator, supervision status, relevant crime(s), known aliases
  • Location: current residential address, vehicles, etc


Some entries may also include information about the victim(s). 


The sex offender registry was designed as an investigative tool for law enforcement. Its release to the public was instigated to provide citizens with vital information that may help them avoid dangerous individuals, or protect their children from such individuals. The registry can also be used by prospective landlords, employers, educational institutions, etc. 


What Are the Requirements for Registered Sex Offenders?


Registered sex offenders are required to supply their local authorities with such personal and identifying information as already listed, and to update that information regularly. 


Every year, sex offenders must provide an update on their: 


  • Occupation
  • Place of employment
  • Any and all vehicles
  • Residence
  • Any and all phone numbers
  • Any and all email addresses

 

In addition to yearly updates, this information must be updated any time it changes. Registered sex offenders must also notify their local authorities of any travel, be it within the state to a different county, or to another state altogether. 


Who is Required to Register as a Sex Offender?


Generally speaking, anyone convicted of committing a sex crime may be required to register as a sex offender. Sex crimes where the victim(s) is a minor will almost always result in mandatory registration. If you move to a new state, that state will almost certainly recognize the conviction from your previous state, and require you to register as a sex offender as well.


How to Fight Against Mandatory Sex Offender Registration


It’s a common misconception that you only have to register as a sex offender while you’re in jail or on probation, but most mandatory sex offender registration is for life. There are, however, certain circumstances in which you may qualify for the removal of the requirement to register as a sex offender.


If, for example, the crime in question is (1) a lewd or lascivious offense upon a person under 16 years old, (2) lewd or lascivious exhibition using a computer online, or (3) sexual performance by a child, and there are no prior similar convictions (in the same or other jurisdictions), the defendant may qualify for the removal of required sex offender registration.


Sometimes, the requirement may be lifted when a registered sex offender was convicted in another jurisdiction, but they no longer meet the criteria for registering as a sexual predator or offender in that jurisdiction. In such cases, the offender must not have been more than four years older than the victim, and the victim must have been between the ages of 13 and 18 at the time.


The most common exception from mandatory sex offender registration, however, is offered under the Romeo and Juliet law. In 2007, the state of Florida created this law to address situations in which high-schoolers enter into consensual sexual relationships with one another, where at least one party is under the age of 16. To take advantage of this exception, the defendant must not have any prior sex-related convictions.


Lastly, in the state of Florida, registered offenders who have been on the registry for 25 years (with no additional similar convictions) may request to have their registration requirement removed, though they will still be required to abide by certain restrictions. 



How to Remove the Requirement to Register as a Sexual Offender or Sexual Predator


If your situation meets the criteria and potentially qualifies for the removal of mandatory sex offender registration, you must petition the criminal division of the relevant conviction, outlining the criteria you meet and confirming that removing the registration requirement will not conflict with any state or federal laws. A hearing must be held, in which the state attorney may provide evidence opposing the notion, and the court will then either approve or deny your request. 


If the court approves your petition, you’ll be given a certified court order removing the registration requirement, which you can then provide to the Florida Department of Law Enforcement, which will remove your entry from the public sex offender registry. Your criminal history may still be on public record, though, depending on the particulars of your sentence.


If your petition is denied, however, your registration requirement will stand, and you will not be allowed to petition again. This means your registration will endure for the rest of your life. You only get one chance at registration removal, which is why it’s vital to have an experienced defense attorney to help you build and present your case. 


Orlando Attorney for People Charged with Sex Offenses


If you’ve been sentenced to mandatory sex offender registration in the state of Florida, all hope is not lost. Contact Hanlon Law today to see if you qualify for the removal of your required registration, and to start building your case.

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