Can a Person Be Removed from the Georgia Sex Offender Registry?
If you are convicted of a sexual offense in Georgia, you face imprisonment and fines. Being stripped of your freedom can be utterly degrading, but after your sentence is served, you will still have to deal with having your name listed on the state sex offender registry. While there is no denying that the process can be damaging to one’s reputation, our Georgia sex crimes defense attorneys would like to discuss what steps can be taken to have your name removed from the sex offender registry.
Overview of the Georgia Sex Offender Registry
As of July 1, 1996, all convicted sex offenders in the state of Georgia are required to register on the sex offender registry. If you have committed a sexual offense against a minor or been accused of illicit sexual conduct, you will be required to register. Your name, address, and photo will be on display and searchable by the public
You are required to register with the sheriff in the county in which you live within 72 hours of your release from prison or placement on parole, conditional release, or probation. Additionally, you must report a change of address within 72 hours of your move. Failure to update your address within 72 hours is considered a felony, punishable by up to 30 years in prison.
Eligibility for Court Removal
The court is the only entity that can remove a person’s listing from the sex offender registry. To get your name taken off, you must petition the court for removal. In accordance with Georgia law, you must meet the following requirements to be eligible:
- Five years have passed since the completion of your sentence
- You have been assigned a Level 1 Risk Assessment Classification (meaning you have a low risk of reoffending).
However, if you have completed your prison sentence, probation, conditional release, or parole, and you meet any of the following criteria, you may be eligible to have your name removed from the registry sooner:
- If you are confined to hospice care, residential care facility, skilled nursing facility, or nursing home
- If you are totally or permanently disabled
- If you are physically incapacitated due to illness or injury.
If you were convicted in federal court, out-of-state, or in military or tribal court, then you will have to wait ten years after the completion of your sentence to request removal. Additionally, if you are on another state’s registry, you will have to provide proof of removal in order to be eligible for removal from the Georgia sex offender registry.
Persistent Counsel From Our Georgia Sex Crimes Defense Lawyers
If you are requesting removal from the sex offender registry, you want to work with experienced representation. The Georgia sex crimes defense lawyers at Banks, Stubbs, & McFarland know what evidence needs to be presented to prove your eligibility. We know the hurdles that you must overcome in order to petition the court for removal. By helping you navigate the petition process, you can put your past transgression behind you once and for all. To arrange your consultation or to learn more, contact us online or by phone.