How to Remove Sex Offender Registration- Petition to be Removed from Sex Offender Registry

sex offender registery name removal

How to Remove Sex Offender Registration- Petition to be Removed from Sex Offender Registry

Removing your name from the sex offender registry is not an impossible task but it is certainly not easy. In Illinois, removing your name from the sex offender registry is only possible for people who were convicted of a sex crime as a juvenile and sentenced as a juvenile offender.

Who Can Remove His or Her Name from the Sex Offender Registry?

The procedure to remove your name from the sex offender registry applies only to offenders who were found to be delinquent in a juvenile proceeding. All adult offenders are currently unable to petition a court have their names removed from the sex offender database; however, other options such as a pardon may exist. The Illinois Sex Offender Laws also prohibit juveniles convicted as adults from petitioning a court to have their names removed from the sex offender registry.

What is the Waiting Period Before Filing a Petition to Remove Sex Offender Registration?

The time period that a juvenile must wait before petitioning a court to terminate the sex offender registration requirements varies depending upon the nature of the crime committed by the juvenile.

Felony Offenses

Remove Sex Offender Registation If the juvenile was found delinquent of an offense that would have been a felony had an adult committed it, then the waiting period is 5 years. What that means is that a juvenile must register as a sex offender for a minimum of 5 years before petitioning a court to terminate the sex offender registration requirements.

Misdemeanor Offenses

A juvenile adjudicated delinquent for an offense that would be a misdemeanor offense if committed by an adult is treated differently. Instead of requiring a waiting period of 5 years, a juvenile adjudicated a delinquent of a misdemeanor offense can apply to have his or her name removed as a sex offender after waiting only 2 years.

When Will a Court Remove Someone’s Name from the Sex Offender Registry?

To be successful, the person filing the petition to remove the sex offender registration requirements must establish by a preponderance of the evidence that he or she no longer poses a risk to the community.

What are the Factors a Court Considers Before Removing Someone from the Sex Offender Database?

At the hearing on the petition to terminate the sex offender registration the court will consider the following factors:

  • A risk assessment performed by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act;
  • The juveniles’ sex offender history;
  • Evidence of the juvenile’s rehabilitation;
  • The age of the juvenile at the time of the offense;
  • The juvenile’s mental, physical, educational, and social history;
  • Any victim impact statements;
  • Any other factors deemed relevant by the court.

Based upon these factors a court will make a determination if the person is more likely than not to pose a risk to society. This decision is appealable to an appellate court.

Conclusion

Being successful in a petition to remove sex offender registration is not an easy task. It requires you to establish that it is more likely than not that you pose “no risk” to the community. Overcoming this burden is no easy task and it requires an attorney who has the experience and the know how to win. If you were adjudicated as a juvenile delinquent that now requires you to register as a sex offender, we can help. We will prepare a petition to remove sex offender registration that will give you the best chance to win. Contact us today to discuss what we can do for you.

Domestic Battery in Illinois

domestic battery in illinois

domestic battery in illinois

Domestic Battery in Illinois

Domestic Battery in Illinois is considered a violent crime that carries with it not only severe criminal penalties but also significant collateral consequences faced in the court of law by Long Island domestic violence attorney.

What is the Definition of Domestic Battery in Illinois?

Domestic violence in Illinois occurs when a person knowingly and without legal justification causes bodily harm or makes physical contact of an “insulting or provoking nature” to a family or household member.

The physical contact can be minimal and does not have to leave a mark or cause permanent injury.

Who are Family or Household Members Under Illinois Domestic Battery Law?

Family or household members are defined by Miranda Rights Law Firm as:

  • Family members related by blood or by present or prior marriage;
  • People who are married or used to be married;
  • People who share or used to share a home, apartment, or other common dwelling;
  • People who have or allegedly have a child in common or a blood relationship through a child in common;
  • People who are dating or engaged or used to date, including same sex couples; and
  • People with disabilities and their personal assistants and caregivers.

However, a simple casual acquaintanceship or an ordinary friendship between two people in business or in social contexts does not constitute a dating relationship.

What are the Possible Penalties for a Domestic Battery Charge in Illinois?

Generally, domestic battery is a Class A misdemeanor in Illinois. Like all Class A misdemeanors, domestic violence can be punished by a maximum sentence of 1-year in jail and a fine of $2,500. Supervision is not a valid sentencing option in domestic battery cases in Illinois.

In addition to any other sentence imposed, a person who commits, in the presence of a child, which is defined as a person under 18 years of age, a felony domestic battery, aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint, against a family or household member must serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The person is also responsible for the costs of any counseling required for the child.

When Can a Domestic Battery Be Charged as a Felony?

Although most domestic battery charges are misdemeanors, in certain situations domestic violence is a felony offense. Domestic battery is a Class 4 felony if the person has any prior convictions for a violation of an order of protection. A prior conviction for certain offenses that are committed against a family or household member can also turn a domestic violence charge into a Class 4 felony. These offenses are first degree murder, attempt to commit first degree murder, aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a firearm, aggravated battery with a machine gun or a firearm equipped with a silencer, aggravated battery of a child, aggravated battery of an unborn child, aggravated battery of a senior citizen, stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault, kidnapping, aggravated kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, unlawful restraint, aggravated unlawful restraint, aggravated arson, or aggravated discharge of a firearm.

Domestic battery can also be a felony in Illinois based upon prior domestic battery convictions.

  • Domestic battery is a Class 4 felony if you have one or 2 prior convictions
  • Domestic battery is a Class 3 felony if you have 3 prior convictions under this Code for domestic battery
  • Domestic battery is a Class 2 felony if you have 4 or more prior convictions

In addition to any other sentencing option, any second or subsequent conviction for domestic battery carries with it mandatory minimum sentence of 72 consecutive hours of imprisonment. The imprisonment cannot be a suspended sentence and probation cannot be used to reduce the sentence.

What are the Collateral Consequences to a Domestic Battery Conviction?

As mentioned previously, court supervision is not a valid sentencing option for domestic battery, as a result, domestic violence is not subject to expungement. Additionally, a domestic battery conviction cannot be sealed. The only executive clemency that is available is a pardon, which is very difficult to get. Therefore, once you are convicted for domestic battery it will likely stay on your record forever.

After entering sentence for domestic battery, the court is required to admonish the defendant that a conviction for domestic violence will subject the individual to federal violations if the person ever possesses, transports, ships, or receives a firearm or ammunition. Therefore, for all intents and purposes, a person convicted of domestic battery in Illinois gives up their 2nd Amendment rights to own a firearm.

What are the Defenses to Domestic Battery in Illinois?

All Chicago criminal defense attorneys must understand that each case is different and a defense that was successful in one case may not work in another. That said, domestic battery cases usually fall under two big categorizes. The first involves cases where the main defense is to discredit the alleged victim of the domestic battery by exposing the person’s biases, prejudices, or motivations to either lie or exaggerate the truth. The second main category involves cases where the affirmative defense of self-defense is raised. Without a doubt, an experienced criminal defense attorney will increase your chances of success at trial.

Conclusion

Domestic battery is regarded as a serious violent crime in not just Illinois but throughout the country. As a former prosecutor, I can tell you first-hand the contempt that judges feel towards defendants charged with domestic battery. If the State has a cooperative victim, then it is almost certain that the prosecutor will ask for a significant period of jail time.

Domestic battery is not a crime to take lightly and a crime that requires you to hire the best attorney that you can afford. With the publicity surrounding domestic violence today, even one domestic battery conviction can result in you being fired from your job. Don’t take the chance of having the stigma of being convicted of a violent offense attached to you.

The Chicago criminal defense attorney at Jaleel Law P.C. has the experience and knowledge to handle even the most complex domestic battery case in Illinois. We aren’t afraid of the prosecutor because we know what it takes to walk in those shoes and we will defend you aggressively and we will leave no stone unturned in your defense. Contact us to schedule your free consultation.