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Our firm has helped dozens of people get off the sex offender registry in Georgia. Inthe Georgia Legislature passed a new law allowing certain sex offenders to petition the courts for removal from the Georgia Sex Offender Registry.
To our knowledge, our firm has successfully obtained the removal of more individuals from the Georgia Sex Offender Registry than any other private law firm in Georgia. Registration is required whether or not the offense and conviction occurred in Georgia, so long as the offender currently resides in the state and the out of state conviction fits under one of these definitions.
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There are also certain exceptions if the crime was a misdemeanor, such as a statutory rape between an 18 year old and a 15 year old. There are several requirements and hurdles to get through before a sex offender can file a petition in court requesting their removal and release from the Georgia Sex Offender Registry.
First, the offender must have completed all required incarceration, parole, probation, and supervision as part of their sentence for the sex offense. If an offender is eligible, they must then file a petition for release in the Superior Court of the county where the individual was convicted or, if the offender is from out of state, the county where the individual lives. Copies must be served on the district attorney and sheriff of that county and on the sheriff of the county where the individual lives.
Georgia sex offender registry
Typically, a sex offender will not have a risk assessment classification unless he or she has a recent conviction date. If the petitioner needs to be classified to be eligible for removal, the judge ased to hear the petition will order that the SORRB classify the individual.
If the SORRB classifies the individual as a Level I, or if ten years have elapsed since the offender completed their sentence, the case will proceed to a removal hearing where the judge must determine if the individual should be removed. At the removal hearing, the judge will first determine if the individual is eligible to be removed under the factors discussed above.
Georgia sex offenders
The judge must then determine by a preponderance of the evidence more likely than not that the offender is not substantially likely to commit a dangerous sexual offense in the future. Different judges take different factors into consideration when making such a determination. Judges also usually consider the length of time since conviction, general criminal history, compliance with the registry, employment status, and relationship status.
The offender can also present testimony from character witnesses who know the offender well and can testify that the offender does not present a risk to the community. The most compelling evidence is typically expert testimony from a psychologist or therapist who has treated and evaluated the individual. If the court is satisfied that the offender does not pose a substantial risk of committing another sex offense, it may either completely remove the offender from the registry or lift only certain conditions of registration.
If the court grants the petition, the court will send copies of its order to all sheriffs and district attorneys who were originally served with the petition as well as to the Georgia Department of Corrections and Georgia Bureau of Investigation so that they can take the steps necessary to remove the offender from the registry.
For one, this process can only remove you from the Georgia Sex Offender Registry. Offenders should also know that, if their petition for removal is denied, the offender may not file a new petition for at least two years after the denial. Our firm routinely handles these types of cases, and we fight to help our clients move on with their lives without the burden or stigma of having their private information posted on the registry. This fee includes the work we do in drafting and filing a detailed and persuasive petition, assistance in getting an offender classified with the SORRB, and conducting an evidentiary hearing in court.
Exceptions may be made on a case-by-case basis. The information provided above is a very general summary of the law concerning Georgia sex offender registry removal at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice.
Georgia sex offender registry
As with any important legal question, you should always consult a criminal defense lawyer experienced in Georgia Sex Offender Registry and other criminal defense matters who is d to practice in your jurisdiction. We have law offices staffed with experienced criminal defense attorneys in Atlanta and BrunswickGeorgia, as well as a satellite office in Washington, D. Georgia Sex Offender Registry.
Can someone be removed from the Georgia Sex Offender Registry? Who has to register?
Am I eligible to be removed from the registry? The offender must not have any prior convictions for sex crimes or crimes against minors The offender did not use a deadly weapon likely to cause serious harm during their sex offense The offender did not transport the victim during the offense The offender did not physically restrain the victim during the offense The offender did not intentionally cause the victim physical harm There is no evidence of similar transactions, such as uncharged sexual offenses If an offender is eligible, they must then file a petition for release in the Superior Court of the county where the individual was convicted or, if the offender is from out of state, the county where the individual lives.
National registered sex offender laws
What happens at the removal hearing? Contact an experienced lawyer to help you get off the sex offender registry. Our firm has helped dozens of people ge June 23, A new Georgia sex offender law will allow many low level sex offenders to be taken off the registry much