Removal From Sex Offender Registry

 

Petitioning For Removal From Sex Offender Registry

We get many questions about registration. Unfortunately, not everyone is entitled to request to discontinue registration.

Under C.R.S. § 16-22-113, those required to register as a sexual offender pursuant to a conviction obtained either in Colorado or another state, now residing in Colorado, have the opportunity to petition the Court to terminate their registration requirement. However, the law says you must to meet certain eligibility criteria in order to file this petition.

Under C.R.S. § 16-22-113, those required to register as a sexual offender pursuant to a conviction obtained either in Colorado or another state, now residing in Colorado, have the opportunity to Petition to the Court to terminate their registration. However you must meet certain eligibility criteria before being allowed to file this petition.

The discontinuance of Sex Offender Registration IS NOT AUTOMATIC!! You have to file a Petition asking the court to terminate your registration.

Be Aware – the clock does not start running until you are discharged from your sentence. ONLY if you meet the following criteria you are eligible to Petition the court to discontinue your registration as a sex offender:

(1) If the Offense you were convicted of was a Class 1, 2, 3 Felony you must Register for 20 years.

a. As an Example: If you were sentenced in 1991 to serve 5 years in Prison or Probation and you were discharged in 1996, you would be required to register as a sex offender until 2016. At which point you would have to file a Petition to Discontinue Sex Offender Registration as the end of your registration is not automatic!!

(2) If the conviction offense was a Class 4, 5, 6 Felony or Class 1 Misdemeanor, Unlawful Sexual Contact or Sexual Assault in the 3rd degree, you must Register for 10 years.

(3) If the Offense you were Convicted of was a Any Other Misdemeanor, you must Register for 5 years.

(4) If you had a Deferred Sentence or the conviction was obtained when you were a Juvenile, you have the opportunity to file the Petition to Discontinue Sex Offender Registration immediately upon successful completion of the stipulations of your sentence and the case has been dismissed.

a. This opportunity is available only to those who have not, prior to this sentence, been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior.

Never Eligible to File Petition to Discontinue Registration

Under C.R.S. §16-22-113, The following do not qualify to EVER file a petition and are subject to Lifetime Registration:

(1) Any person who is found to be a Sexually Violent Predator

(2) Any person convicted of the following…

a. Sexual Assault or Sexual Assault in the First Degree under C.R.S. §18-3-402

b. Sexual Assault in the Second Degree under C.R.S. §18-3-403

c. Sexual Assault on a Child under C.R.S. §18-3-405

d. Sexual Assault on a Child by One in a Position of Trust under C.R.S. §18-3-403.5

e. Sexual Assault on a Client by a Psychotherapist under C.R.S. § 18.3.405.5

f. Incest under C.R.S. § 18-6-301

g. Aggravated Incest under C.R.S. § 18-6-302

(3) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction. This also includes adults who are convicted on more than 1 count of unlawful sexual behavior in the same case.

If you have any questions as to your eligibility to Discontinue Sex Offender Registration please do not hesitate to contact our office at 719-520-3968

Following are the latest revised Colorado criminal statues pertaining to Removal From The Sex Offender Registry:

C.R.S. § 16-22-113 –  Petition for removal from Sex Offender Registry
(1) Except as otherwise provided in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both, as follows:
(a) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(b) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of ten years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(c) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of five years from the date of such person’s final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(d) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for an offense involving unlawful sexual behavior, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (a) of subsection (1.3) of this section;
(e) Except as otherwise provided in subparagraph (II) of paragraph (b) of subsection (1.3) of this section, if the person was younger than eighteen years of age at the time of commission of the offense, after the successful completion of and discharge from a juvenile sentence or disposition, and if the person prior to such time has not been subsequently convicted or has a pending prosecution for unlawful sexual behavior or for any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on recommendations from the person’s probation or community parole officer, the person’s treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person’s presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2-105, C.R.S., if any.
(f) If the information about the person was required to be posted on the internet pursuant to section 16-22-111 (1) (d) only for failure to register, if the person has fully complied with all registration requirements for a period of not less than one year and if the person, prior to such time, has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior; except that the provisions of this paragraph (f) shall apply only to a petition to discontinue the requirement for internet posting.
(1.3) (a) If a person is eligible to petition to discontinue his or her duty to register pursuant to paragraph (d) of subsection (1) of this section, the court, at least sixty-three days before dismissing the case, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the person, and the victim of the offense for which the person was required to register, if the victim has requested notice and has provided current contact information, that the court will consider whether to order that the person may discontinue his or her duty to register when the court dismisses the case as a result of the person’s successful completion of the deferred judgment and sentence or deferred adjudication. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense objects or if the person requests a hearing. If the court enters an order discontinuing the person’s duty to register, the person shall send a copy of the order to each local law enforcement agency with which the person is registered and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the person’s duty to register.
(b) (I) If a juvenile is eligible to petition to discontinue his or her duty to register pursuant to paragraph (e) of subsection (1) of this section, the court, at least sixty-three days before discharging the juvenile’s sentence, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the juvenile, and the victim of the offense for which the juvenile was required to register, if the victim has requested notice and has provided current contact information, that the court shall consider whether to order that the juvenile may discontinue his or her duty to register when the court discharges the juvenile’s sentence. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense objects, or if the juvenile requests a hearing, and shall consider the criteria in paragraph (e) of subsection (1) of this section in determining whether to continue or discontinue the duty to register. If the court enters an order discontinuing the juvenile’s duty to register, the department of human services shall send a copy of the order to each local law enforcement agency with which the juvenile is registered, the juvenile parole board, and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the juvenile’s duty to register.
(II) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services may petition the court to set a hearing pursuant to paragraph (e) of subsection (1) of this section at least sixty-three days before the juvenile is scheduled to appear before the juvenile parole board.
(III) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services, prior to setting the matter for hearing, shall modify the juvenile’s parole plan or parole hearing to acknowledge the court order or petition unless it is already incorporated in the parole plan.
(1.5) If the conviction that requires a person to register pursuant to the provisions of section 16-22-103 was not obtained from a Colorado court, the person seeking to discontinue registration or internet posting or both may file a civil case with the district court of the judicial district in which the person resides and seek a civil order to discontinue the requirement to register or internet posting or both under the circumstances specified in subsection (1) of this section.
(2) (a) Prior to filing a petition pursuant to this section, the petitioner shall notify each of the following parties by certified mail of the petitioner’s intent to file a request pursuant to this section:
(I) Each local law enforcement agency with which the petitioner is required to register;
(II) The prosecuting attorney for the jurisdiction in which each such local law enforcement agency is located; and
(III) The prosecuting attorney who obtained the conviction for which the petitioner is required to register.
(b) When filing the petition, the petitioner shall attach to the petition copies of the return receipts received from each party notified pursuant to paragraph (a) of this subsection (2).
(c) Upon the filing of the petition, the court shall set a date for a hearing and shall notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and has provided current contact information. If the court enters an order discontinuing the petitioner’s duty to register, the petitioner shall send a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. If the victim of the offense has requested notice, the court shall notify the victim of the offense of its decision either to continue or discontinue the petitioner’s duty to register.
(d) On receipt of a copy of an order discontinuing a petitioner’s duty to register:
(I) The CBI shall remove the petitioner’s sex offender registration information from the sex offender registry; and
(II) If the local law enforcement agency maintains a local registry of sex offenders who are registered with the local law enforcement agency, the local law enforcement agency shall remove the petitioner’s sex offender registration information from the local sex offender registry.
(3) The following persons shall not be eligible for relief pursuant to this section, but shall be subject for the remainder of their natural lives to the registration requirements specified in this article or to the comparable requirements of any other jurisdictions in which they may reside:
(a) Any person who is a sexually violent predator;
(b) Any person who is convicted as an adult of:
(I) Sexual assault, in violation of section 18-3-402, C.R.S., or sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000, or sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; or
(II) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; or
(III) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or
(IV) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; or
(V) Incest, in violation of section 18-6-301, C.R.S.; or
(VI) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(c) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.

Comment from Sex Offender Attorney Ted McClintock:  The courts have recently included those charges from other states that mimic charges in Colorado to be included as lifetime registrations.  Be aware juvenile offenders are governed very specifically as juveniles and can generally be removed much faster than adults without the waiting periods.