Is it possible to be removed from Sex Offender Registry

What is a Sex Offender Registry?

A Sex Offender Registry is essentially a system that allows the regulatory, governmental and law enforcement authorities to keep a tab on, and the activities of, the sex offender. The registry includes all those sex offenders who have completed their criminal sentences.

The criminal laws at Virginia State are especially strict in dealing with the sex offenders, and hence it is very difficult to get your name removed from the Sex Offender Registry, once it is officially added, following the court orders.

How long before you can remove your name from the Sex Offender Registry?

How long does it take to remove your name out of a Sex Offender Registry after you have been sentenced for a sexual assault is a matter of the severity of the sexual assault. The severe the crime the longer it takes to remove your name. The time period before you could have your name removed from the registry is at least 10 years to lifetime at most. This too is divided on a tier basis. There are essentially three tiers that define the time limit before you could have your name extracted from the Sex Offender Registry after you have been convicted of sexual assault.

Tiers I, II, III

As per the Adam Walsh Act a Federal Sex Offender Registration and Notification Act – SORNA – there are three tiers of registrations, which may be implied after you have been convicted for a sexual assault in the court.

Tier I

Tier one marks the requirement of registration for at least 15 years of having registered as a sexual offender. Tier I also includes the probability of having your name removed from the registry after 10 years of the registration. The removal is subjected to your behavior and the completion of the criminal sentence that you was assigned to you when you were convicted.

Tier II

Tier II is the requirement need that registers a sexual assault convict for at least 25 years without any possibility of an early removal. This tier is sentenced due to the severity of the sexual assault, and the seriousness of the nature of the crime

Tier III

This tier marks the requirement to register for all of your life. If you are an adult, you would never be removed from the Sex Offenders Registry. The case may vary if the assaulter is convicted for tier III and is a juvenile, only then you could file a petition of having yourself removed from the registry after 25 years.

But the same is not the case with the state of Virginia. The sex offender list for Virginia consists of only two tiers.

Removal from Sex Offenders Registry in Virginia

Tier I includes the ‘sexually violent offense’ whereas Tier II involves murder if the victim was under the age of 15 under 18 years of age and the murder was related to a sexual offense. Both the offenses have the requirement to be included in the Sex Offender Registry for life.

A sexual assault convict on Tier I can only get their name removed from the registry if their petition to be removed from the registry is approved from the court, and that too could not be done before the completion of 15 years at least. And in some cases, you have to wait for 25 years before the petition for the removal of names is approved. But for the individuals with their names in Tier II or with multiple sentences for sexual assaults the registration remains to be a definite lifetime, without the right to put forward any petitions.

Categories: Laws