Georgia Sex Offender Registry Release On Out-of-State Convictions
A Georgia Sex Offender Registry Removal Lawyer may be able to get you removed from the registry in Georgia even if you were convicted in another state. Ben has successfully represented several individuals with out-of-state convictions who subsequently relocated to Georgia.
Do You Have to Register?
The first thing that a Georgia Sex Offender Registry Release Lawyer must look at when someone is being required to register in Georgia due to an out-of-state conviction is whether the individual is actually required to register here under the law. The guide for this is O.C.G.A. 42-1-12. Sometimes the answer to this question is not easy, because every state defines their crimes differently. What is considered a sexual offense in Georgia may not be a sexual offense in another state, and vice versa. What is considered a misdemeanor in Georgia may be considered a felony in another state, and vice versa. Also, the age of consent does differ state-to-state.
If it is determined that the individual should not be required to register in Georgia in the first place, getting removed from the registry is accomplished through a different process than filing the typical petition for removal. It may be an easy task to accomplish, but it will normally be pretty complicated and may sometimes require the filing of a lawsuit.
If you were convicted out-of-state and are unsure about whether you will be, or are, legally required to register in Georgia, contact a Georgia Sex Offender Registry Removal Attorney now.
Petitioning When the Conviction was Out-of-State
If it is determined that registration is required in Georgia for the out-of-state conviction, the person may still be eligible to petition for removal the same way an individual with a Georgia conviction would. It is the same process, and the judge will use the same criteria in making his or her ruling. When petitioning for removal on an out-of-state conviction, the petition will be filed in whatever county the registrant in Georgia resides in.
Out-of-state convictions require an additional amount of investigation. Your Georgia Sex Offender Registry Removal Lawyer will need to obtain as much documentation regarding your conviction as is possible. This includes the police reports, indictment, sentence and transcripts. Other information may also need to be obtained, such as therapy records and polygraph results.
Obviously, with witnesses out-of-state, this can sometimes further complicate the process. However, most of the time, hearings on petitions for removal are handled informally. Moreover, prosecutors, who already have their hands full with their everyday cases, typically appreciate it when the petitioner's lawyer provides them with all the documentation described above in advance of the hearing. This may help alleviate the burden of having to bring witnesses from another state to testify.
Each and every case is different, and you will need to speak to a Georgia Sex Offender Registry Removal Lawyer to discuss your options before petitioning for removal. Contact Ben today at 404-985-9772.