Is it possible to get off the sex offender registry in NC? This blog explores this topic.
In previous blogs, we have tried to remind people that sometimes a criminal case is not just about prison time and probation. There are a lot of other collateral consequences of being convicted of a crime. In the case of certain sex crimes, one the most severe consequences is having to be place on the sex offender registry. This affects employment opportunities, where you can live, where you can visit, and several other things.
There are some instances, however, in which a person, after a certain amount of time, may be able to have their name removed from the registry. In this blog, we will talk about how to get a name removed from the sex offender registry. Like all of our blogs, this blog is intended for informational purposes only, and is not intended as a substitute to the advice and counsel of a criminal defense attorney. Further, this is a complicated topic and one that we would suggest you hire a criminal defense attorney for.
Can I get my name of the sex offender registry list?
Simply put, sometimes that answer is no. The length of time someone must register and whether or not they can ever get off the list depends not only on the crime that they were convicted of, but whether or not there were any aggravating factors that went along with that conviction.
The rules regarding registration are covered under North Carolina General Statutes Article 27A. Offenders who have been classified as a sexually violent predator for example, would be required to register for life, and would be required to participate in the satellite based monitoring program. Others, who were convicted of certain crimes, and under circumstances can petition for removal. Who may be eligible is a little bit too complicated to properly explain in a blog, but generally the following people are eligible:
- Offenders who committed a nonviolent first-time sexual offense, that did not involve a child and who have been on the registry for at least ten years.
There are others, but you should contact a criminal defense attorney to get information about specific instances.
Petition for removal from the sex offender registry
The minimum registration in the state of North Carolina is typically 30 years. If the offender is eligible however, he or she can file a petition in North Carolina Superior Court to ask a judge to remove his or her name from the list. This can be done no earlier than 10 years after the person has been placed on the registry. This requires a hearing. The burden of proof is on the party making the petition, and the decision is in the complete discretion of the judge. The petitioner must show evidence of the following:
- That since the original conviction, the offender has not been convicted of another crime that falls under North Carolina General Statutes Article 27A.
- That the petitioner is not a current or potential threat to the public.
If the petitioner is successful, their name is removed form the list. If they not successful, they cannot try again for at least another year.
Criminal law can be complicated and stressful and usually it should be left up to professional. If you are in need of a criminal defense attorney, contact us. At Gilles Law, we handle state and federal criminal defense in North Carolina and South Carolina.