Discontinuing Sex Offender Registration
Anyone who is required to register as a sex offender, and continue to register, understands how much of a burden that registration process can be. It can be expensive, time-consuming, and subject a person to potential embarrassment. Often, registration is the result of an old offense; an offense that someone may be totally rehabilitated from.
The first question when determining whether a court may allow you to discontinue your sex offender registration requirements comes down to whether the criminal case that led to your need to register occurred in Colorado or in a different state.
Discontinuing Sex Offender Registration for Offenses in Colorado
If the offense giving rise to your need to register occurred in Colorado then, generally, you can ask the court to end your requirement to register as a sex offender if you meet one of these conditions:
- Unless the court has ordered otherwise after conducting a hearing, you successfully completed the terms and conditions of a deferred adjudication or deferred sentence for an offense involving unlawful sexual behavior, the case has been dismissed, and since that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior; or
- Unless the court has ordered otherwise after conducting a hearing, you were less than 18 years old at the time you committed the offense involving unlawful sexual behavior, you have successfully completed and have been discharged from a juvenile sentence or disposition related to that offense, and since that time you have not been convicted of, or have a pending prosecution for any offense involving unlawful sexual behavior; or
- The offense that required you to register was a misdemeanor other than unlawful sexual contact or third degree sexual assault, it has been 5 years since your final release from the jurisdiction of the court, and during that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior; or
- The offense that required you to register was a class 4, 5, or 6 felony or was a class 1 misdemeanor of unlawful sexual contact or third degree sexual assault, it has been 10 years since your final release from the jurisdiction of the court or discharge from the Department of Corrections or Department of Human Services, and during that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior; or
5. The offense that required you to register was a class 1, 2, or 3 felony, it has been 20 years since your final release from the jurisdiction of the court or discharge from the Department of Corrections or Department of Human Services, and during that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior.
You are not eligible to end your registration requirement if:
- You are a sexually violent predator;
2. You are an adult who has more than one conviction or adjudication for unlawful sexual behavior in Colorado or anywhere else;
3. You were convicted as an adult of:
a. Sexual assault, sexual assault in the first degree, or sexual assault in the second degree;
b. Sexual assault on a child;
c. Sexual assault on a child by one in a position of trust;
d. Sexual assault on a client by a psychotherapist;
e. Incest; OR
f. Aggravated incest
The attorneys at the Law Office of Jacob E. Martinez can help determine which of the above circumstances applies to your case.
If you make it through that first hurdle, and you are preliminarily eligible to ask the Court to discontinue your sex offender registration requirements then that is a great first step but it is just that – a first step.
The next step would be to determine who you must notify that you intend to ask the Court to permit you to discontinue your registration requirements. Not only is it imperative that you notify the right agencies and entities, but it is equally important that you notify everyone involved in the correct procedural fashion.
Once all relevant entities are on notice, the next step includes filing out the correct paperwork and filing it with the correct Court.
Once the court receives the documents, the Court will look to set a hearing date, so that a hearing can be had on whether you should be able to discontinue your registration requirements. The court will provide you with a Notice of Hearing, which will indicate when and where the hearing will be held. It is your, or your attorney’s responsibility, to make sure that this Notice of Hearing and the previously filed paperwork is also served on all relevant entities and served in the correct procedural fashion.
Finally, the last step is to attend the hearing. During the COVID-19 pandemic, many of these hearings have been held virtually meaning that you don’t need to go to the court in person. Rather, the court will permit you to attend the hearing virtually via some kind of application – WebEx Meets, Microsoft Teams, Zoom, etc. However, if the court determines that it is safe to proceed in person, the court may order that you appear in-person for your hearing. Failure to appear in-person, as ordered, may result in the dismissal of your request.
Discontinuing Sex Offender Registration for Offenses that occurred Outside of Colorado
Similar to the process above, the first step in trying to Discontinue your Sex Offender Registration requirements for a case that occurred outside of Colorado is to determine whether you are eligible to start that process – whether this is a procedurally proper time to make such a request.
If the offense giving rise to your need to register occurred outside of Colorado then, generally, you can ask the court to end your requirement to register as a sex offender if you meet one of these conditions:
- Unless the court has ordered otherwise after conducting a hearing, you successfully completed the terms and conditions of a deferred adjudication or deferred sentence for an offense involving unlawful sexual behavior, the case has been dismissed, and since that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior; or
- Unless the court has ordered otherwise after conducting a hearing, you were less than 18 years old at the time you committed the offense involving unlawful sexual behavior, you have successfully completed and have been discharged from a juvenile sentence or disposition related to that offense, and since that time you have not been convicted of, or have a pending prosecution for any offense involving unlawful sexual behavior; or
- The offense that required you to register was a misdemeanor other than unlawful sexual contact or third degree sexual assault, it has been 5 years since your final release from the jurisdiction of the court, and during that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior; or
- The offense that required you to register was a class 4, 5, or 6 felony or was a class 1 misdemeanor of unlawful sexual contact or third degree sexual assault, it has been 10 years since your final release from the jurisdiction of the court or discharge from the Department of Corrections or Department of Human Services, and during that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior; or
5. The offense that required you to register was a class 1, 2, or 3 felony, it has been 20 years since your final release from the jurisdiction of the court or discharge from the Department of Corrections or Department of Human Services, and during that time you have not been convicted of or adjudicated for any offense involving unlawful sexual behavior.
You are not eligible to end your registration requirement if:
- You are a sexually violent predator;
2. You are an adult who has more than one conviction or adjudication for unlawful sexual behavior in Colorado or anywhere else;
3. You were convicted as an adult of:
a. Sexual assault, sexual assault in the first degree, or sexual assault in the second degree;
b. Sexual assault on a child;
c. Sexual assault on a child by one in a position of trust;
d. Sexual assault on a client by a psychotherapist;
e. Incest; OR
f. Aggravated incest
The primary difference between the process for trying to discontinue your registration requirements when the offense occurred in Colorado versus when it occurred outside of Colorado is where to file the documents and which Court has jurisdiction over the matter. If the case giving rise to the need to register did not occur in Colorado then you will need to file your Petition with the Court having jurisdiction of the community in which you live.
Further, the specific documents which are to be executed are different when the original case occurred outside of Colorado.
The experienced attorneys that the Law Office of Jacob E. Martinez understand the different steps that may be applicable depending on your case. Further, we work with investigators and process servers who can assist in providing notice to the relevant agencies of your intent to file this petition.
Contact the Law Office of Jacob E. Martinez today in order to schedule a free consultation about what it may take to start this process.
