Why petition for removal from the sex offender registry?
The burdens of being required to register at a sex offender go without saying. Those who are required to register as a sex offender suffer ridicule, shame, rejection, and outright embarrassment. The scope of where a registered sex offender can live is limited. The jobs that are available for those who register as a sex offender are generally low paying if you can find an employer that will hire you at all.
The laws designating those who are required to register as a sex offender have become broader and stricter as time goes on. Up to the point that young men over the age of 18 who have sexual intercourse with a girl under the age of 18 are now being branded as sex offenders, and suffering all the shame, embarrassment, and rejection that outright child molesters have to face.
Who can petition for removal from the sex offender registry?
Those who meet all these requirements:
- Have not been convicted of an ‘aggravated offense’; AND
- Have not been designated a ‘violent sexual predator’; AND
- Have been out of custody for 10 years or more.
If you meet the above criteria, then you quality to petition the district court for a hearing.
Where must you file the petition?
- If you were convicted in the State of Idaho, then you must file the petition in the district court of the county that you were convicted in. So for example if you were convicted in Boise, Idaho then you must file in Ada County.
- If you were convicted outside the State of Idaho, then you must file the petition with the district court within the county you reside in. So for example, if you were convicted in Portland, Oregon, but now live in Boise, Idaho then you must file in Ada County.
What evidence must be presented at the hearing?
Getting a hearing does not guarantee your removal from the registry. In order to be relieved of the sex offender registry requirement, you must prove the following to the court by ‘clear and convincing’ evidence. In other words, the burden is on you at this hearing, it is you who must convince the court, not the State to disprove your eligibility.
- That you have completed any period of probation or parole without having your probation or parole revoked.
- That you do not have any criminal charges pending, and are not under investigation for a violent crime.
- That you have successfully completed a sex offender treatment program.
- That you have had no felony convictions since you began registering as a sex offender.
- That you have committed no new sex offenses during the period you have been required to register.
- And last, but most importantly, that you are not a risk to commit a new violent crime or sex offence crime.