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.
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.
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.
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.