There’s a common misperception that all persons required to register as sex offenders have committed sexual assault, molested a minor, or possessed child pornography. That’s not true. You may have been convicted long ago of an offense that’s no longer considered a crime, such as sodomy or oral sex with a consenting partner. You may have been charged with indecent exposure for streaking (perhaps while under the influence of alcohol) or convicted of statutory rape for consensual sex with a teenage girlfriend. The offense that put you on the list may have been one single mistake of youth or bad judgment, but it can haunt you the rest of your life. When sex offender registration was first enacted, there was less public access to the information. Now, your name may be available to just about anyone, including neighbors and potential employers.
Can You Get Your Name Removed from the Sex Offender Registry?
There are steps you can follow to have your name taken off the sex offender list. If the offense is no longer a crime, you may file a petition with the court asking that you be removed.
Even if the crime for which you were convicted is still on the books, you can request removal. However, for your motion to be granted, you must be evaluated by a mental health professional and show the following:
- That 15 years have passed since you were convicted or released from custody (whichever came later);
- That you are unlikely to pose a risk or threat to the safety of others;
- That you’ve not been convicted of another sex offense; and
- That your initial conviction did not constitute aggravated sexual assault.
Contact Gregg A. Wisotsky, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online, or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.