Often people find themselves having to register on the sex registry list through the Virginia State Police when convicted are statutorily defined crimes requiring sex registry in Roanoke, Virginia, and elsewhere in Virginia. Registering with the sex registry comes with an enormous amount of restrictions. Restrictions on travel, moving, and contact with minors. By completing this process, a person can apply for certain jobs, go to their kids sport programs, move without restrictions, and find better housing.
The first step to be able to remove your name off of the sex registry is to gather certain records. The certified copy of the conviction is necessary for filing of the Petition. The certified copy of the criminal conviction will also assist in the attorney to determine eligibility for removal from the sex registry list.
Under Va Code § 9.1-910 only certain charges allow for removal from the sex registry list. Further, the statute requires that the registered individual did not have gaps in registration. The continued registration assists the court in determining whether the individual is no longer a risk to public safety.
This request is done through a Petition for removal from the sex registry list to the court. A hearing will be set. Your attorney and you will need to appear, and a prosecutor for the Commonwealth can elect to be present. The court then can issue an Order allowing the individual to no longer have to register with the sex registry in Virginia.
Timing and the characterization of the charge are important considerations and need careful review to ensure a successful petition. The statute does not allow for a successful petition should the individual be registered for less than 15 or 25 years depending of the offense. Likewise, the nature of the charge is significant on whether the petition to be removed from the sex registry list is allowed at all.
Should the conviction be considered a “sexual offense” versus a “sexually violent offense” will dictate eligibility for a petition for removal.
Offense for which registration is required includes (i) any similar offense under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof .
Any offense for which registration in a Sex Offender and Crimes Against Minor Registry is required under the laws of the jurisdiction where the offender was convicted. This is important for those who move to Virginia pondering whether they need to register on Virginia’s sex registry list.
In addition, all court ordered requirements related to the offense must be completed. An unsuccessful petitioner can file only after an additional 24 months have passed. Upon a finding of no more risk, the Court will issue an Order directing the Virginia State Police to remove the individual from the list and all identifying information.
If you think that based upon the above information, you may be eligible to petition the court for removal. Contact my office, I am glad to evaluate your case and assist in petitioning the court for removal from the sex registry list.
Contact my office today to speak with a Roanoke removal from sex registry lawyer regarding your need to continue to register on the sex registry. My office prides itself on providing the highest level of service and we are ready to assist you. We also serve the Commonwealth’s southwest cities of Cave Spring, Salem, the Botetourt County city of Hollins, the Bedford County cities of Bedford and Forest, the Franklin County city of Rocky Mount, and the Montgomery County cities of Blacksburg, Christiansburg, and Radford.