REMOVAL PROCESS

Under Georgia law, there are specific instances when an individual may qualify to be released from the requirements to register as a sex offender.  Depending on your type of conviction, length of time between the end of your probation/parole and your petition, your risk assessment level from the Sex Offender Registration Review Board, and several other factors, you may be a candidate for removal.

The process is very specific and requires specific qualifications before an individual qualifies for such a release.

PETITIONING UNDER O.C.G.A. § 42-1-19 

Pursuant to O.C.G.A. § 42-1-19, an individual may petition the court to be removed from the sex offender registry requirements.  Under Georgia law, the following applies:

“(a) An individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual:

(1) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and

(A) Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home;

(B) Is totally and permanently disabled as such term is defined in Code Section 49-4-80; or

(C) Is otherwise seriously physically incapacitated due to illness or injury;

(2) Was sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2;

(3) Is required to register solely because he or she was convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offense against such minor or an attempt to commit a sexual offense against such minor. For purposes of this paragraph, the term “sexual offense” means any offense listed in division (a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or

(4) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12 and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2.”

O.C.G.A. § 42-1-19(a)(1)-(4).

ADDITIONAL CRITERIA WHEN PETITIONING UNDER O.C.G.A. § 42-1-19(a)(4)

For an individual attempting to qualify under O.C.G.A. § 42-1-19(a)(4), state law requires an additional set of criteria to be met before an individual may be considered for removal from registration requirements.  O.C.G.A. 17-10-6.2(c)(1) states as follows:

“(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;

(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;

(C) The court has not found evidence of a relevant similar transaction;

(D) The victim did not suffer any intentional physical harm during the commission of the offense;

(E) The offense did not involve the transportation of the victim; and

(F) The victim was not physically restrained during the commission of the offense.”

O.C.G.A. 17-10-6.2(c)(1)(A)-(F).

SUBSECTION (c) & (a)(1)-(2) VERSUS (a)(4): 10 YEAR LAPSE OR LEVEL I RISK ASSESSMENT

After navigating O.C.G.A. § 42-1-19(a) and determining which subsection you fall into (one (1) through four (4)), a potential petitioner must then address subsection (c) of O.C.G.A. § 42-1-19.

As laid out in O.C.G.A. § 42-1-19(c),

“(1) An individual who meets the requirements of paragraph (1), (2), or (3) of subsection (a) of this Code section shall be considered for release from registration requirements and from residency or employment restrictions.

(2) An individual who meets the requirements of paragraph (4) of subsection (a) of this Code section may be considered for release from registration requirements and from residency or employment restrictions only if:

O.C.G.A. § 42-1-19(c)(1)-(2) (emphasis added).

CONTACT US

The process to petition the state for removal from certain offender registry requirements can be very tedious, which is why you may need help to walk you through this legal process.

At The Sellers Law Firm, LLC, we have experience in helping citizens remove themselves from these registration requirements. Give us a call today at 770-415-9848 to discuss your case and see if you qualify for removal.

You may also submit a CASE EVALUATION request online HERE.