Boulder Sex Offender Deregistration Lawyer
Convictions for sex offenses, in both adult and juvenile cases, trigger a requirement of registering with local law enforcement as a sex offender. Sex offender registration is governed by a complex and sometimes confusing set of statutes and rules. Depending on various factors, people with sex offense convictions are required to register for varying periods of time before they are eligible to petition to remove their information from the registry.
When you are eligible to be removed from the sex offender registry, we will be ready to help you. Navigating the process is a complex task. At Dolan + Zimmerman LLP, our criminal defense attorneys in Boulder are experienced in guiding individuals in Boulder and the surrounding areas of Colorado through the deregistration process.
You Will Not Be Automatically Removed From The Registry
The requirement to register as a sex offender doesn’t just end automatically in the vast majority of cases. Deregistration is a process that requires court approval. It can be overwhelming and frequently difficult to do on your own. Many people keep on registering long after they are eligible to petition to deregister, simply because the process of deregistration doesn’t feel accessible.
We believe that you should not accept the limitations that come along with sex offender registration for longer than you need to. We are here to help you figure out whether you are eligible to petition to deregister, and we are here to help you successfully remove your name from the sex offender registry.
When You Can Apply for Sex Offender De-Registration
To apply for sex offender deregistration, you must wait a specified amount of time depending on the level of your offense. The applicable timelines are as follows:
- For a Felony 1, 2, or 3, you must usually wait 20 years before you can apply for deregistration
- For a felony 4, 5, or 6, you must usually wait 20 years before you can apply for deregistration
- For a Misdemeanor 1, including unlawful sexual contact or 3rd-degree sexual assault as defined before 7/1/2000, you must usually wait ten years before applying for deregistration.
- For other misdemeanors, you must usually wait five years before you can apply for deregistration
- For a deferred judgment and sentence or adjudication, you can apply for sex offender deregistration upon successful completion of the case.
For all timelines listed above, the timeline does not begin until after the completion of probation or parole. To be deregistered, the individual must also have no new or pending criminal charges involving unlawful sexual behavior.
How to Apply
You should always speak with an experienced criminal defense attorney to help you petition to be deregistered. This is too important to handle on your own if you don’t know exactly what you’re doing. Still, it can be helpful to understand the process so you know what steps to take and can properly advocate for yourself. The general process includes the following steps:
The first step is to file a notice of intent to seek deregistration with the court that originally ordered the registration. You also need to forward a copy of the petition to all law enforcement agencies that you were required to register with, the district attorney for the location you currently register in, and the attorney who obtained the original conviction.
Once you receive return receipts from the individuals and parties you mailed a copy to, you should submit that to the court, along with documents that support your eligibility to deregister. You must also include proof that you have complied with all your sentencing requirements, including any treatment or counseling programs.
Once all these materials have been filed with the court, a hearing will be scheduled. If no objection is filed and you have met all requirements, it’s possible to have your petition granted without the hearing actually taking place.
If the district attorney or the victim objects to the deregistration, a hearing will be conducted, and the court will hear from all parties regarding why you should or should not have to continue registering as a sex offender. Both the defendant and the district attorney’s office will have an opportunity to present evidence and argue their case. The victim of the crime will also be notified of the hearing. After all the evidence has been presented, the judge will decide whether or not to grant deregistration.
If you are seeking sex offender deregistration in Colorado, seeking experienced legal representation is crucial. The attorneys at Dolan + Zimmerman have extensive experience handling sex offender deregistration cases and can help you navigate this complex process. Contact us today for a free consultation.
Discuss Your Deregistration In A Free 10 Minute Consultation
The sooner you get in touch with our Boulder sex crimes defense lawyer, the sooner we can begin working on removing your name from the sex offender registry. To talk to one of our lawyers in a free 10 minute consultations, please call our office at 303-593-1874 or contact us by email.