Who is eligible to be removed from the registry?

There are four general categories, but the criteria that must be established for each is different. The four general categories are:

• those who are confined to a nursing home or similar institution, those who are permanently disabled and those who are physically incapacitated due to injury or illness
• those who were convicted of offenses that at the time were felonies but are now treated as misdemeanors
• those who were convicted of false imprisonment or kidnapping of a minor when the offense was not sexual in nature
• those who have completed all probation and parole for the offense that requires registration

Can I be released from Georgia's registry if I was convicted in another State?

Yes, you can petition for removal from Georgia's registry even if your conviction was out of state.

Where will my petition for release from the sex offender registry be filed?

The petition will be filed in whatever County you were convicted in, even if you now live in a different County, although a copy of the petition will need to be served on the Sheriff of both Counties. If your conviction was out-of-state, it will be filed in whatever County you reside in.

If I am removed from Georgia's registry, will I have to register in other states?

Unfortunately, getting released from the registry in Georgia does not mean you won't have to register if you move elsewhere. Whether or not you will have to register in another State will be dependent on the laws of that State.

What do I need to prove that I am a candidate for release?

Certain criteria must be present for you to even qualify for removal, but ultimately you must prove by a preponderance of the evidence that you are not a substantial risk to perpetrate any future dangerous sexual offenses.  

Who will decide if I can be released from the registry?

Ultimately, the superior court judge assigned your case will make the decision.

How can I get classified by the SORRB if I haven't been yet?

For most people that otherwise qualify for release, you will have to file a petition for release and then have the assigned judge order the SORRB to classify you.

Is there a way to ensure a Level I classification?

There are things you can do to help ensure this, but it is by no means automatic. You may submit anything and everything you believe is relevant to the SORRB's determination of your classification. Getting a risk assessment from a psychologist is almost always something that needs to be done. 

Can I petition for release if I have been classified as a Level II offender?

This will depend on what category of eligibility you fall under. If it has been less than 10 years since the expiration of your sentence, the Level II classification will doom you. If it has been more than 10 years, it won't make a difference, at least in terms of your eligibility. In other categories of eligibility it also does not matter what your classification level is.

What if the judge denies my petition for release?

You can try again, but not for two years. Otherwise, these decisions are not automatically appealable, but rather must be appealed through what is called the discretionary application process.  

Can I be released from the residency and/or employment restrictions?

Yes, even if the judge declines your request to be removed from the registry itself, you may still be able to get released from the residency and/or employment restrictions.