Getting Released from the Residency Restrictions

Persons convicted of sexual offenses and required to register are also subject to certain restrictions on where they may live. A Georgia Sex Offender Registry Removal Lawyer may be able to help ease these restrictions. Petitioning for release from the residency restrictions is the same process as getting removed from the sex offender registry itself, and the same criteria are considered by the court. The particular residency restrictions a person is subject to depends on the date that the crime requiring registration was committed.

If the crime was committed on or after July 1, 2008, the following provision applies:

(b) On and after July 1, 2008, no individual shall reside within 1,000 feet of any child care facility, church, school, or 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 on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.

For acts committed between July 1, 2006 and June 30, 2008, the following provision applies:

(b) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.

For acts committed between June 4, 2003 and June 30, 2006, the following provision applies:

(b) Any individual who committed an act between June 4, 2003, and June 30, 2006, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, school, or area where minors congregate at their closest points.

Persons convicted for offenses that occurred prior to June 4, 2003 are not subject to any residency restrictions (outside of any special conditions of a probated sentence). Further, there are ways to be "grandfathered" in to a residence if the home or property was owned prior to the relevant date. The procedure for doing so is described in O.C.G.A. 42-1-15, 16 and 17.

Otherwise, to be released from the residency restrictions requires the approval of a Superior Court Judge. A person who is eligible for registry removal may instead seek solely to be released from the residency restrictions. Additionally, a judge considering a petition for registry removal may instead just release the petitioner from the residency restrictions. To discuss your individual situation, contact a Georgia Sex Offender Registry Removal Attorney like Ben today.