Getting Released from the Employment Restrictions

Individuals required to register in Georgia may also be subject to particular restrictions on where they can work. It is difficult to obtain work when a convicted felon and actively being required to register, so the employment restrictions can sometimes be a difficult burden to overcome. A Georgia Sex Offender Registry Removal Attorney may be able to help get these employment restrictions removed. The process used is the same as when petitioning for release from the registry itself, as is the criteria considered by the judge. Just like removal from the registry, however, the judge has total discretion to grant or deny the relief being sought.

The particular employment restrictions a person is subject to depends on the date of the commission of the offense for which registration is required. For offenses committed on or after July 1, 2008, the following provisions apply:

(c) (1) On and after July 1, 2008, no individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed or volunteers to the outer boundary of the child care facility, school, or church at their closest points.

(2) On or after July 1, 2008, no individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where minors congregate at their closest points. 

For those offenses that were committed between July 1, 2006 and June 30, 2008, the following is applicable:

(c) (1) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not be employed by any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed to the outer boundary of the child care facility, school, or church at their closest points.

(2) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register who is a sexually dangerous predator shall not be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed to the outer boundary of the area where minors congregate at their closest points.

Individuals whose offenses were committed prior to July 1, 2006 are not subject to any employment restrictions, unless a special condition of probation is applicable. For the persons subject to the restrictions described above, there are ways to be "grandfathered" in to certain exceptions, depending on whether the job was held prior to being required to register. Another exception may apply if the business relocates to a new location that would otherwise violate the restrictions. For the specifics of getting exempted or excepted, see O.C.G.A. 42-1-15, 16.  

Otherwise, for those that cannot be exempted, the only way to get released from the employment restrictions is by order of a Superior Court Judge. An individual who qualifies for relief may petition solely for release from the employment restrictions. Additionally, a judge considering a petition for removal from the registry itself may instead simply release the individual from the employment restrictions, is applicable. 

To determine whether getting released from the employment restrictions is something available to you, contact a Georgia Sex Offender Registry Removal Lawyer now to discuss your case.