February 2, 2023
What happens, however, when you’ve completed your registration period?
Your first thought is probably that you no longer have to continue to register. Because that makes logical sense. Unfortunately, that thought would be wrong.
Discontinuing your registration doesn’t automatically happen. You actually have to petition the Colorado court and ask them to end your registration.
In order to even file a Petition to Discontinue Sex Offender Registration, though, there are certain criteria you have to meet. So let’s go over what qualifications you need to discontinue your registration and how you can get the process started once you qualify.
What Do I Need to Discontinue Registering as a Sex Offender?
There are numerous sexual convictions that require you to register under the Colorado Sex Offender Registration Act. Then, depending on the particular offense, you will be mandated to register for a specific period of time.
- Those convicted of Class 1, 2, and 3 felonies are required to register for 20 years.
- Those convicted of Class 4, 5, and 6 felonies, Class 1 misdemeanors, or Unlawful Sexual Contact or Sexual Assault in the Third Degree must register for 10 years.
- Those convicted of other misdemeanors will have to register for 5 years.
Upon completing that period of time, you will then be allowed to petition for discontinuance.
Let’s say you were convicted of enticement of a child in 2001 – a class 4 felony – and were sentenced to six years in prison. When you get out, it’s 2007.
Now, you have to register as a sex offender for the next 10 years. In 2017 – the end of your registration period – you will be able to file a petition to discontinue your sex offender registration.
You can also file for discontinuance if the conviction happened when you were a juvenile or if your sentence was deferred. You can file a petition as soon as you’ve completed the conditions of your sentence and the case is dismissed.
You are not eligible to file a petition to discontinue if you are required to register for life. You will have to register for life if you have more than one unlawful sexual behavior conviction, if you are found to be a sexually violent predator, or if you were convicted of these sexual offenses:
- Sexual Assault
- Sexual Assault in the First Degree
- Sexual Assault in the Second Degree
- Sexual Assault on a Child
- Sexual Assault on a Child by One in a Position of Trust
- Sexual Assault on a Client by a Psychotherapist
- Aggravated Incest
How Do I Start the Discontinuance Process?
If you want to start the process of discontinuing your sex offender registration, you should begin by hiring an experienced Colorado sex crimes attorney. Your lawyer will make sure you complete all the necessary requirements properly and on time.
First, you will have to mail an intent document to the law enforcement agencies with which you are required to register, the prosecuting attorney for the jurisdiction in which such law enforcement is located, and the prosecuting attorney who obtained the conviction requiring the registration in the first place.
Then, you will file the petition and wait for a Notice of Hearing. When your hearing arrives, your lawyer will have prepared you for any questions you may be asked and documents you might have to present in order to support your request.
At the end of the hearing, your request will be either granted or denied. If your request is granted, you will then have to notify each local law enforcement agency in the petition and the Colorado Bureau of Investigation.
If you would like to discontinue your sex offender registration, reach out to a Colorado attorney today.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.