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.

Failure to Register as a Sex Offender and Other Violations of the Illinois Sex Offender Registration Act

failure to register as a sex offender in Illinois

Failure to Register as a Sex Offender

failure to register as a sex offender in Illinois Failure to register as a sex offender is a serious felony offense in Illinois. A significant prison sentence is certainly a valid sentencing option for anyone convicted of failing to register as a sex offender. The sex offender registration laws require anyone convicted or adjudicated of certain sex offense to register as a sex offender. The Sex Offender Registration Act punishes sex offenders who fail to register as a sex offender and individuals who help a sex offender avoid arrest for a charge of failure to register as a sex offender.

What is the Penalty for Failure to Register as a Sex Offender?

Failure to register as sex offender is a Class 3 felony in Illinois. Like all Class 3 felonies, failure to register as a sex offender is punishable by 2-5 years in prison and a fine of $25,000. Court supervision is not available but a sentence of probation is possible. However, anyone who does get probation must serve a mandatory minimum period of 7 days in jail and pay a mandatory fine of $500 to the Sex Offender Registration Fund.

A second or subsequent violation of failing to register as a sex offender is punished much more severely. A second or subsequent violation of the failure to register as a sex offender statue is a Class 2 felony, which is punishable by 3-7 years in prison and a fine of $25,000.

What Court has Venue in a Failure to Register as a Sex Offender Charge?

Most crimes are prosecuted in the county where the crime occurred. For example, if an armed robbery occurs in Du Page County the crime would be prosecuted in Du Page County; likewise, a Chicago DUI would be prosecuted in Cook County. The crime of failure to register as a sex offender is different. The Sex Offender Registration Act allows for a sex offender or sexual predator to be arrested and tried in any Illinois county where the sex offender can be located not just the county where the person failed to register. Additionally, the local police department or sheriff’s office are not required to determine whether the sex offender is living within its jurisdiction prior to arresting a sex offender for a violation of failure to register as a sex offender.

What are the Penalties for Giving False Information When Registering as a Sex Offender?

The sex offender registration laws create extensive reporting requirements for all sex offenders and sexual predators. During this annual registration with the local police, the sex offender must provide detailed information about him or herself. If any of the information provided is incorrect, the sex offender faces a Class 3 felony, if the prosecutor can establish that the person knowingly or willingly gave false information.

Sex Offenders Cannot Change Their Name

Article 21 of the Code of Civil Procedure creates a mechanism for a person to legally change his or her name. However, sex offenders and sexual predators cannot change their name while they are required to register as a sex offender. The sex offender laws are so strict that any sex offender who even attempts to change his or her name can be charged with a Class 3 felony.

What are the Penalties for Aiding a Sex Offender?

The sex offender registration laws in Illinois punish people who aid sex offenders in certain situations. Aiding a sex offender is a Class 3 felony. To fall within the law, a person first must have a reason to believe that the sex offender is not complying with the registration requirements of the sex offender laws and the person must intend to assist the sex offender in eluding the police by:

1)    Providing false information to the police department that is responsible for maintaining the sex offender’s registration;

2)    Harboring, attempting to harbor, or assisting another person to harbor or attempt to harbor the sex offender; or

3)    Concealing, attempting to conceal, or assisting another person in concealing or attempting to conceal, the sexual predator.

Attorneys and other professionals who have a duty of confidentiality cannot be guilty of aiding a sex offender. Additionally, no one can be found guilty of aiding a sex offender if the sex offender is incarcerated or in a psychiatric hospital.

Conclusion

Failure to register as a sex offender is a charge that cannot be taken lightly. The consequences for pleading guilty to the charge of failure to register as a sex offender carries with it the potential of years behind bars and it simply doesn’t make sense to hire an inexperienced attorney.

Jaleel Law P.C. knows what it takes to properly defend a failure to register as a sex offender charge and we have the experience to make sure that the State is forced to meet its tremendous burden of proofing you guilty beyond a reasonable doubt. If you are charged with failing to register as a sex offender, contact us to discuss how we can help.

7 Important Things About the Sex Offender Registration Laws in Illinois

sex offender registration laws in illinois

sex offender registration laws in illinois

7 Important Things About the Sex Offender Registration Laws in Illinois

The Sex Offender Registration Laws in Illinois are complex and severe.

In fact, the sex offender registration laws are so severe that they may require a person to register as a sex offender even if they haven’t been convicted of a sex offense.

Once the government forces someone to register, the sex offender registration laws require the sex offender to  register with the local police department on an annual basis for as long as the law requires. Often times, the hardest part of registering as a sex offender are the severe restrictions on where a sex offender can be, the people he or she can be around, and the places the sex offender can live.

This comprehensive guide will explain all the important things that someone needs to know about the sex offender registration laws in Illinois. Of course, if you prefer contact the Criminal and Immigration lawyers at Jaleel Law directly  by phone or email.

1.      What Crimes Require Someone to Register as a Sex Offender?

Illinois’ sex offender registration laws are meant to protect individuals, especially juveniles from sex offenders and sexual predators. Therefore, anyone adjudicated of a “sex offense” or the attempt of a sex offense must register as a sex offender. The Sex Offender Registration Act, which is found at 730 ILCS 150 et. seq., defines a sex offense as any violation of:

  • Child pornography
  • Aggravated child pornography,
  • Indecent solicitation of a child,
  • Sexual exploitation of a child,
  • Custodial sexual misconduct,
  • Sexual misconduct with a person with a disability,
  • Promoting juvenile prostitution,
  • Soliciting for a juvenile prostitute,
  • Patronizing a juvenile prostitute,
  • Keeping a place of juvenile prostitution,
  • Juvenile pimping,
  • Exploitation of a child,
  • Grooming,
  • Traveling to meet a minor,
  • Criminal sexual assault,
  • Aggravated criminal sexual assault,
  • Predatory criminal sexual assault of a child,
  • Criminal sexual abuse,
  • Aggravated criminal sexual abuse,
  • Ritualized abuse of a child.

Certain other crimes also require registration in the sex offender registry. The sex offender registration laws also require  someone convicted for kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, and luring a child into a car to register as a sex offender if the victim was under 18 years of age, the offender was not a parent of the victim, and if the defendant was sexually motivated to commit the crime. A conviction for first-degree murder also requires someone to register as a sex offender if released from custody.

2.      The Sex Offender Registration Laws Don’t Require a Conviction for a Sex Offense

The sex crime laws in Illinois require anyone convicted of a sex offense to register as a sex offender. However, a conviction is not the only finding that can require someone to register as a sex offender. The other adjudications requiring registration as a sex offender include:

  • Anyone found not guilty by reason of insanity of a sex offense;
  • Anyone who is the subject of a finding not resulting in an acquittal of a sex offense;
  • Any juvenile who is adjudicated delinquent for any offense that would require an adult to register as a sex offender; or
  • Any person who is adjudicated as being sexually dangerous or sexually violent.

 3.      How Long Must Someone Remain Registered as a Sex Offender?

Once convicted of a sex offense, a person is required to register annually for a period of 10 years. The person must register in person within 3 days of moving into the municipality or within 1-year of his or her last registration. The 10-year period begins immediately if the person receives a sentence of probation or it begins upon release from incarceration. A violation of probation can result in the 10-year period beginning anew.

A person convicted of failure to register as a sex offender is required to register every 3 months for the remainder of his or her registration period. The 10-year period can be extended for another 10-years following a conviction for failing to register as a sex offender.

Individuals convicted of first-degree murder or those adjudicated as a sexual predator, sexually dangerous or sexually violent must register every 90 days for his or her natural life.

4.      How Do You Comply With the Registration Requirements of the Sex Offender Registration Laws?

Anyone adjudicated as a sex offender or as a sexual predator must register with the chief of police of the municipality in which he or she lives. The person must register in person and must provide:

  • A current photograph;
  • Current address;
  • Current place of employment;
  • Current telephone numbers, including cellular telephone number;
  • The telephone number of any employer;
  • The name of any school attended;
  • All e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities used by the sex offender;
  • All Uniform Resource Locators (URLs) registered or used by the sex offender;
  • All blogs and other Internet sites maintained by the sex offender or to which the sex offender has uploaded any content or posted any messages or information;
  • Any prior extensions given to register as a sex offender including the reason why the extension was granted and the date the sex offender was notified of the extension;
  • A copy of the terms and conditions of parole or release signed by the sex offender and given to the sex offender by his or her supervising officer or aftercare specialist;
  • License plate numbers for every vehicle registered in the name of the sex offender;
  • Information on the offense that requires registration including:
    1. The county where the offense occurred;
    2. The age of the sex offender at the time of the commission of the offense;
    3. The age of the victim at the time of the commission of the offense; and
  • Any distinguishing marks located on the body of the sex offender.

5.      What are the Time Limits to Register as Sex Offender?

The sex offender registration laws in Illinois require a sex offender to register every place that he or she will live in for 3 days or more in any calendar year. If the sex offender plans on moving, he or she must inform the local police where the sex offender lives that he or she is planning on moving and then the person must re-register with the local police within 3 days of completing the move.

Sex Offenders Moving to Illinois

The sex offender registration laws distinguish individuals who have moved to Illinois prior to 2012 and those who moved to Illinois after 2012. A person who moved to Illinois prior to January 1, 2012, is required to register as a sex offender in Illinois if the offense in the prior state is substantially similar to a sex offense in Illinois that would require registration. The length of the registration period is governed by the registration required by the Illinois offense.

All individuals who moved to Illinois after January 1, 2012, are regarded as sexual predators and they are subject to lifetime registration.

6.      What Restrictions are Placed On Sex Offenders?

Aside from the onerous registration requirements of the sex offender registration laws, sex offenders cannot live near a school, be in a public park, or be on a social media site.

Restrictions on Being Near a School

Sex offenders cannot be present in any school building or property, or be within 500 feet of school property without the permission of the superintendent or school board unless the sex offender is a parent of a child at that school, and the parent is on school grounds for one of the following reasons:

  1. To attend a conference at the school with school personnel to discuss the progress of his or her child academically or socially;
  2. To participate in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services;
  3. To attend conferences to discuss other student issues concerning his or her child such as retention and promotion.

Restrictions on Being Near a Public Park

Sex offenders and sexual predators are also prohibited from being in a public park or any building on a public park. A public park is defined Illinois’s sex offender registration laws as any park, forest preserve, or conservation area under the jurisdiction of the state or any unit of local government.

Restrictions on Being on Social Media

The Illinois sex offender registration laws prohibit anyone who is convicted of a sex offense after 2010, from using a social networking website during the time the sex offender is on probation, parole or mandatory supervised release.

No Restrictions on Living With Children

The sex offender registration laws in Illinois do not forbid a sex offender from living with a child. However, the sex offender must report to the local police department within three days of moving into a home that has a child younger than 18 year of age who is not the sex offender’s child.

7.      Retroactive Registration Requirements of Illinois’s Sex Offender Registration Laws

In 2012, Illinois adopted retroactive registration requirements for sex offenders or sexual predators. Under the new law, individuals who were never required to register as a sex offender maybe required to register if convicted of any new felony. Under the new law, a person who has successfully completed a 10-year registration period must begin registering again if:

  1. The person has been convicted of any felony offense after July 1, 2011, and
  2. The offense for which the 10-year registration was served currently requires a registration period of more than 10 years.

Conclusion

The sex offender registration laws in Illinois can be a maze to navigate through and even figuring out whether a certain offense requires registration as a sex offender can require significant research. However, once a person is required to register as a sex offender that person’s life drastically changes. All sex offenders are obligated to follow the sex offender registration law’s difficult registration requirements. Not only are sex offender’s required to register, the sex offender registration laws forbid sex offenders from living near a school, being in a public park, or anywhere else that is designated for children. In fact, sex offenders cannot even be on social media while probation, parole, or MSR.

If you are facing charges for a sex crime, the Chicago criminal attorney at Jaleel Law P.C. has the experience to fight your case and get you the result that you deserve. Don’t take the chance with an inexperienced attorney who doesn’t understand the Illinois sex crime laws or the sex offender registration laws or how they affect you personally. Contact us today to discuss how we can help in your case.

Is Adultery a Crime in Illinois?

Adultery | Chicago Criminal Defense Attorney

Is Adultery a Crime in Illinois?

Adultery | Chicago Criminal Defense Attorney Adultery touches upon moral, ethical, and religious issues but most people don’t realize that cheating on your spouse is also a crime in Illinois. Adultery is a Class A misdemeanor and the criminal sentencing options include any combination of one year in jail and a fine of $2,500. Court supervision is also an option.

What Constitutes the Crime of Adultery in Illinois?

The crime of adultery punishes sexual intercourse with someone that is not your spouse. Additionally, because it takes two to tango, the laws in Illinois also prohibit an unmarried person from having sex with someone that the person knows is married.

The laws exempt a person from prosecution if the person admits to having an extra-marital affair during the process of obtaining child support.

What is Open and Notorious for Purposes of Illinois’ Adultery Law?

To constitute adultery in Illinois, the behavior has to be “open and notorious.” Open and notorious is a legal phrase that is most commonly used in property law. For the purposes of Illinois’s sex crime laws, open and notorious is defined as behavior that is known by the public, which runs counter to the community’s accepted moral values.

Conclusion

Illinois is still one of the few states in the country that punishes adultery as a crime. Although it is punished in the same sentencing category as domestic battery, possession of cannabis under 30 grams, Illinois DUI, and aggravated speeding, it is an antiquated crime that is rarely charged in Illinois. In fact, I have never seen anyone actually charged with adultery in the Chicago area.

If you are charged with a sex crime in Illinois, the Chicago criminal lawyer at Jaleel Law P.C. has the ability to make a difference in your case. Contact us to discuss how we can help.