Removal of the Requirement to Register as a Sexual Offender or Sexual Predator in Special Circumstances

St. Petersburg Lawyer Building Defenses for People Charged with Sex Crimes

Sex crime convictions can come with the particularly harsh requirement of registering as a sex offender or sexual predator. Unless you have been pardoned, or your conviction for certain sex crimes has been set aside, you may be required to register for life. For many people facing allegations of a sex crime, this is one of the most terrifying aspects of being convicted. Often, registration as a sex offender or sexual predator results in being socially ostracized. You may have difficulty finding housing, going to school, working in certain jobs, or starting or maintaining a family. If you are interested in the potential removal of the requirement to register as a sex offender and are eligible, you should retain an experienced attorney. At Hanlon Law, our St. Petersburg sex crime lawyer is committed to defending the rights of the accused.

Removal of the Requirement to Register as a Sexual Offender or Sexual Predator in Special Circumstances

Under special circumstances, you can petition to ask the court to remove the registration requirement if you have been designated as a sex offender. However, a sexual predator designation is lifelong and permanent. It can never be removed once the designation has been placed.

One criterion of being able to petition the court for removal of the registration requirement is being convicted of certain crimes. You can be considered if you were convicted of a lewd and lascivious crime like lewd and lascivious battery, as well as sexual performance by a child and computer pornography. Another criterion is that you cannot have other similar sex crime convictions. For example, you cannot petition for removal if you had a child molestation conviction at age 16 and then another conviction at age 17.

Other criteria are that you cannot be more than four years older than your victim, and the victim needs to have been between ages 14 and 17. There is no leeway or wiggle room with these requirements. If you were convicted of statutory rape at age 17, and then you were convicted of a child pornography charge at age 19 involving a 14-year-old, you will not meet the eligibility requirements.

The petition must be made to the criminal division of the circuit court where the conviction was issued. The court will have discretion about whether to lift the requirement. In other words, you could meet the bare minimum eligibility standards, and the court could decide not to lift the requirement. A trial court can deny a petition for removal of a sexual offender designation based on the petitioner's criminal record as long as it indicates that it was exercising its discretion.

The state attorney needs to be given notice of your petition 21 days before the hearing. This gives the prosecutor an opportunity to present evidence that opposes your petition if they choose to do so. You should be aware that if the court decides to deny your request, you are not allowed to file another such petition. Accordingly, it is very important to retain a skillful criminal defense attorney for your first time petitioning. Simply meeting the basic eligibility criteria is insufficient.

If the court grants your petition, you will need to provide a certified copy of the order to the Florida Department of Law Enforcement (FDLE), which controls the sex offender registry. The FDLE updates the registry and can remove the information from the registry once it receives a certified copy of the order. However, you will still have a criminal record, which is public.

Retain a Skillful Sex Crime Attorney in the St. Petersburg Area

Sex charges in Florida should be defended with the help of an experienced sex crime attorney. Even if you are convicted, however, there may be forms of post-conviction relief like the removal of the requirement to register as a sexual offender or sexual predator. Our founder, St. Petersburg criminal attorney Will Hanlon, has been providing criminal defense representation since 1994 and may be able to help. You can call Hanlon Law at 727-897-5413 or complete our online form.

Testimonials
★★★★★
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help. I had every confidence that Mr. Hanlon had the knowledge, expertise, and experience to handle this problem. Approximately 4 weeks from an initial conference with Mr. Hanlon, we received a call with the news that a letter of release was being issued and the case was being dropped. Now my family member can finally exhale, take a deep breath, and go on with his life. Thank you, William!
★★★★★
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
★★★★★
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
★★★★★
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
★★★★★
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse