On behalf of Michael A. Gottlieb, P.A. posted in sex crimes on Tuesday, September 22, 2015.
In a series of ongoing posts, we’ve spent some time exploring how anyone convicted of a sex crime here in Florida must register as either a sexual predator or sexual offender upon their release, as well as the rather draconian reporting requirements that accompany each of these classifications under state law.
In light of just how onerous and stringent these reporting requirements can be, the question naturally arises as to whether a person is ever able to petition the court to be removed from the sex crime registry.
Removal from the sex registry: Difficult but not impossible
At the outset, it’s important for anyone who has been classified as a sexual predator to understand that there is no provision under state law allowing them to petition the court to be removed from the sex crime registry.
As far as sexual offenders are concerned, the law generally requires them to register for life in the absence of either a full pardon or another type of post-conviction relief relating to their underlying offense.
However, if a person has been lawfully released from confinement or supervision for a minimum of 25 years, and avoided arrest for any criminal offense during this same timeframe — felony or misdemeanor — they may file a petition to be removed from the registry in the same court that handed down the original conviction.
It should be noted that if the underlying sex crime conviction falls among a list of designated offenses — kidnapping, sexual battery, false imprisonment, etc. — this option is off the table.
If you would like to learn more about your eligibility for removal from the sex crime registry or are currently under investigation for any sort of sex crime, please consider speaking with an experienced legal professional as soon as possible.