Charlotte Criminal Lawyer Blog
How to Get Your Name Removed From the Sex Offender Registry in North Carolina
If you have been convicted of a serious offense, you may be required to register as a sex offender. Being on the sex offender registry can disrupt your life and can limit your ability to get a job and rent an apartment. The sex offender registry is available for public review and carries a negative stigma that may be difficult to overcome. It is helpful to understand when and how you are able to get your name removed from the sex offender registry. A knowledgeable North Carolina attorney will help you through the process.
Eligibility for Removal from Sex Offender Registry
In order to seek removal from the North Carolina sex offender registry, you must meet the eligibility requirements. Generally, it means that you must have completed the time specified for the classification of the crime. For most reportable convictions, a person may be eligible to petition for removal from the registry after 10 years. It is notable that a person who was determined by the court to be a sexually violent predator is required to have a lifetime registration period.
A person must not have been arrested for any other crime that requires registry after completing their original sentence. The petitioner must not be a current or potential threat to public safety. The petitioner must meet the criteria under the Jacob Wetterling Act. For example, a petitioner must have followed all the rules of registry, such as maintaining their registration when they move. An experienced attorney will help determine whether you are eligible for removal.
Petition for Removal from Sex Offender Registry
Eligible individuals may petition the court for removal from the sex offender registry after a period of ten years. If you meet the criteria, you may file a petition in the superior court in the district where you were convicted. The court will schedule a termination hearing. At the hearing, you will have the opportunity to provide evidence that supports your removal from the registry. The district attorney will also be present and may present evidence against your removal. The judge overseeing the hearing will review the evidence from both sides to make a determination. Not all petitions for removal are granted.
What if My Petition Was Denied?
A petition for removal from the registry may be denied for a variety of reasons. If the petition is denied, you will be notified of the denial and must wait for at least one year before you can submit another petition for removal. If denied, it is helpful to work with a skilled attorney to review the reason for the denial. You will want to gather additional evidence showing why you should be removed from the registry. You need to show that you have complied with the requirements. It is also helpful to show that you have completed a rehabilitation program and are no longer a threat to the community.
If you have been convicted of a crime that requires you to register as a sex offender, it may be a good idea to consult with an attorney as soon as possible. You will learn what you need to do to ensure that your petition for removal will be granted once you become eligible. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://law.justia.com/codes/us/2003/title42/chap136/subchapvi/sec14071
https://sexoffender.ncsbi.gov/about.aspx
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