Eligibility for Sex Offender Registry Removal

The statute governing the petition process and the criteria for registry removal is O.C.G.A. 42-1-19. Getting released from the registry is something that can only be accomplished with the representation of a Georgia Sex Offender Registry Removal Lawyer like Ben Goldberg. To begin, in order to qualify for removal, a registrant must fit into one of the four general categories of eligibility:

(1) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and

      (A) Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home;

      (B) Is totally and permanently disabled as such term is defined in Code Section 49-4-80; or

      (C) Is otherwise seriously physically incapacitated due to illness or injury;

   (2) Was sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2;

   (3) Is required to register solely because he or she was convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offense against such minor or an attempt to commit a sexual offense against such minor. For purposes of this paragraph, the term "sexual offense" means any offense listed in division (a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or

   (4) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12 and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2.

The most common category is number "4" above. There are several more steps to determine eligibility if someone meets the initial criteria of this paragraph, however. First, it must be determined how long ago the sentence for which registration is required ended:

(2) An individual who meets the requirements of paragraph (4) of subsection (a) of this Code section may be considered for release from registration requirements and from residency or employment restrictions only if:

      (A) Ten years have elapsed since the individual completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; or

      (B) The individual has been classified by the board as a Level I risk assessment classification, provided that if the board has not done a risk assessment classification for such individual, the court shall order such classification to be completed prior to considering the petition for release. 

If the individual fits into one of these two categories, it must be determined whether they meet the following six criteria:

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;

(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;

(C) The court has not found evidence of a relevant similar transaction;

(D) The victim did not suffer any intentional physical harm during the commission of the offense;

(E) The offense did not involve the transportation of the victim; and

(F) The victim was not physically restrained during the commission of the offense.

If the registrant can clear all the hurdles described above, the final thing to prepare for is persuading the judge that the registrant is not a substantial risk to perpetrate any future dangerous sexual offenses in the future. This is where risk assessment is so important.

A Georgia Sex Offender Registry Removal Attorney like Ben can usually ascertain pretty quickly whether someone can meet all the criteria that registry release requires. For a free, confidential consultation regarding your situation, contact him today.