Georgia Rape Defense Attorney - Frequently Asked Questions

Can I gain removal from the Georgia sex offender registry?

While registration as a sex offender is meant to be a lifetime burden, it is possible to petition the court for removal from the registry. Certain low-risk offenders who have completed their terms of prison, parole or probation may have the opportunity to plead their cases in front of a judge. There are four main groups who are eligible for removal from the registry:

Low-Risk Offenders

The stated purpose of the sex offender registry is to warn communities of any dangerous predators in their midst. However, it has been recognized that not all sex offenders pose an equal risk to the public. Georgia's Sex Offender Registration Review Board (SORB) classifies sex offenders based on their likelihood of re-offending. Level 1 offenders are considered unlikely to commit another sex crime. Level 2 offenders are considered at moderate risk for sexual re-offense. Level 3 offenders, commonly known as Sexual Dangerous Predators (SDPs), are believed to be highly likely to commit another sex crime.

In the past, sex offenders were required to wait 10 years following the completion of their sentence (including parole and probation) before applying for removal from the registry. However, in 2010 the legislature passed a law allowing Level 1 offenders who meet certain criteria to petition for removal immediately following the completion of their prison term, parole, and/or probation. (Level 2 offenders must still wait 10 years.)

Level 1 offenders may petition for registry removal immediately after completing their sentence if they satisfy the following criteria:

* No other convictions for sex crimes
* No evidence of similar criminal activity
* No weapon was used during the commission of the crime
* The victim was not physically restrained and/or transported to another location

If an offender meets all of these conditions, they may have the opportunity to make their case to a judge that they pose no real threat to the community. They may present relevant evidence to substantiate their claim, such as records of psychological treatment.

Disabled Offenders

It is possible to gain removal from the sex offender registry if it can be proven that an offender is unable to re-offend due to physical limitations. The Georgia statute (O.C.G.A. 42-1-19) allows people to petition for removal if they are:

* confined to a hospice, skilled nursing home, residential care facility for the elderly or nursing home;
* totally and permanently disabled; or
* otherwise seriously physically incapacitated due to illness or injury.

In these cases, the focus is on determining the extent of physical disabilities and whether such limitations make it unlikely the petitioner can commit another sexual offense.

Offenders Convicted of Non-Sexual Crimes Involving Minors

While most people on Georgia's sex offender registry have committed sexually-based crimes, it is possible to be placed on the registry for non-sexual crimes against minors. Those convicted of kidnapping and/or false imprisonment of a minor under the age of 14 (who is not their child) may be required to register as a sex offender. Anyone belonging to this category is allowed to petition the court for removal from the registry.

“Romeo and Juliet” Offenders

In recent years Georgia and other states have reformed their laws to take into account the age of the perpetrator. The legislature has recognized that when it comes to crimes like statutory rape (where force is not used, but the issue is the age of the alleged victim), if the offender is close in age to the minor, the crime is less serious. Thus, if a person is convicted of statutory rape when the victim is over 14 years of age and the perpetrator is 18 or younger and no more than 4 years older than the victim, they are now charged with a misdemeanor instead of a felony. Those charged with sex crimes that used to be felonies, but are now misdemeanors due to Romeo and Juliet provisions, may petition the court for removal from the registry.

If you are granted a hearing, the court will first determine if you meet all of the criteria necessary to be eligible for registry removal. Then, they will consider whether you pose a threat to the community. If they find that “by a preponderance of evidence” you do not “pose a substantial risk of perpetrating any future dangerous sexual offense” they can revoke your status as a registered sex offender.

The court will assess the original crime, consider how you have lived your life since the offense, and consider evidence you may offer. A judge will likely consider your employment status, home life, criminal record and whether you have complied thus far with all registration requirements. You are allowed to introduce character witnesses and testimony from treatment professionals.

The process of sex offender registry removal is complicated and requires experience navigating the legal system. It is highly advisable to have an experienced sex crimes attorney, knowledgeable in dealing with sex offender registry issues, to take the lead on your case. The Berry Law Group has handled numerous sex crimes cases and will do everything in it's power to represent the truth to a judge – that you have learned from your mistakes and do not pose a threat to the community.

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