Georgia Sex Offender Registry Removal

Sex offender registration requirements, and the accompanying residency and employment restrictions, are meant to last for an offender's lifetime. However, it is possible to petition the court for removal from the registry. Recent reforms have given more people the chance to take advantage of this process. Those who meet certain criteria may get the opportunity to present evidence to a court that they pose no threat to the community and should not have to bear the burdens of being a registered sex offender. The state of Georgia provides a set of guidelines detailing who can petition for removal from the sex offender registry and how their applications will be assessed (O.C.G.A. 42-1-19).

When Can I Petition For Removal in Georgia?

In the past, sex offenders were not allowed to petition for removal until ten years after they had completed all prison time, parole, supervised release, and probation for their crime. However, in 2010 the Georgia legislature passed a law allowing those classified by Georgia's Sex Offender Registration Review Board (SORRB) as a Level 1 Offender to petition for removal immediately after the completion of their prison term, parole, supervised release, and probation.

SORRB is an Atlanta-based body tasked with assigning sex offenders with one of three designations. A Level 1 offender is believed to be at low risk of a sexual re-offense, a Level 2 offender is at moderate risk of a sexual re-offense, and a Level 3 offender, also known as a Sexually Dangerous Predator (SDP), is at high risk of committing another sex crime. Most people recently convicted of a sex crime should already have a designation, but the court can order an assessment for those without one. It is possible to challenge a SORRB designation, but this is difficult and may require an attorney to request a Judicial Review.

At this time, only Level 1 offenders (who meet specific criteria) may petition for removal from the registry immediately after the completion of their sentence (including parole, probation, etc.). Level 2 offenders must wait ten years before their petitions may be heard.

Who Are Candidates for Sex Offender Removal in Georgia?

There are generally four groups that may petition for removal: those determined to have a low risk of re-offending, those who are seriously disabled or incapacitated, those who committed a non-sexual offense against a minor, and those who where 18 or younger when they committed a felony sexual act (now reclassified as a misdemeanor) against a victim close to their own age.

 

Non-Sexual Offenses Against Minors

It is a little-known fact that a person can end up on Georgia's sex offender registry for committing a non-sexual crime. Anyone convicted of kidnapping or false imprisonment of a minor who did not commit (or attempt to commit) a sexual offense against that minor is still classified as a sex offender. Under the new law, this category of offender is eligible to petition the court for removal from the registry.

 

Low Risk Offenders

The largest group, by far, seeking relief from the court includes those who have demonstrated that they pose little risk to the community. In addition to completing all prison time, parole, supervised release and probation, an offender must meet several other requirements to be included in this group. These include:

  • No other convictions for sexual offenses

  • No evidence the petitioner has committed similar crimes

  • A weapon was not used during the crime

  • The victim did not suffer intentional physical harm

  • The victim was not physically restrained

  • The victim was not transported to another location

Disabled Offenders

Lawmakers have recognized that individuals who are severely incapacitated, due to injury, illness or old age, are unlikely to pose a threat to the community. Therefore, they have determined that offenders may petition for release from registration requirements (once they have completed any prison term, parole, supervised release, and probation) if they are:

  • Confined to a hospice, nursing home, or residence care facility for the elderly;

  • Totally and permanently disabled; or

  • Otherwise seriously physically incapacitated due to illness or injury.

 

“Romeo & Juliet” Offenders

This group includes offenders 18 or younger (at the time of the crime) who were convicted for sex acts involving victims close to their own age that have now been reclassified as misdemeanors (these cases often involve statutory rape or sodomy). Over the past couple of decades many states, including Georgia, have instituted so-called “Romeo and Juliet” laws. These provisions are meant to provide nuance to laws that do not take into account the age of the defendant when assessing the seriousness of a crime. Previously, an 18-year-old engaging in a sexual relationship with a 15-year-old classmate would be guilty of a felony – the same as a 40-year-old who has sex with a 15-year old. Now, a person convicted of statutory rape when the victim is 14-15 years old and the defendant is 18 or younger and no more than 4 years older than the victim, is only charged with a misdemeanor. This group is eligible to petition the court for removal from the sex offender registry.

Petition and Hearing Process

If you are eligible to petition the court for removal from the sex offender registry, you may file a petition in the superior court of the jurisdiction in which you were convicted. If you were convicted in another state, you can file the petition in the county where you reside. (This process pertains only to removal from Georgia's sex offender registry – it will not affect your status in any other state.)

If you are granted a hearing, the judge will first determine whether you are eligible for removal (based on the criteria explained above). Then, they will consider whether you pose an ongoing threat to the community. The court will only release you from your registration requirements and remove residency or employment restrictions if it finds “by a preponderance of evidence” that you do not “pose a substantial risk of perpetrating any future dangerous sexual offense.” (“Preponderance of evidence” basically means more likely than not, a standard far lower than “beyond a reasonable doubt.”)

In order to make its determination, the court will review relevant evidence, examining both your original crime and how you have lived your life since then. They may focus on your criminal history, employment status, home life, and whether you have complied with all your registration requirements. You are allowed to introduce evidence and call character witnesses to make your case (as is the district attorney or sheriff). It is important to collect all the important documents related to your case, such as warrants, indictments, evaluations and sentencing papers. It is very helpful to have a psychologist or other treatment professional to testify regarding your rehabilitation.

When the court issues its decision it has the option of releasing you from all registration requirements and residency and employment restrictions. It may also reject your petition. In addition, the court has the option to choose something in between – it can release you from certain restrictions, but not others. The relief can also be permanent or temporary.

If your petition is successful, the court will send orders to your local sheriff or district attorney, as well as the Georgia Department of Corrections and the Georgia Bureau of Investigation, so you can be removed from the sex offender registry. If your petition is denied, you must wait two years to file another petition.
Clearly, the process of petitioning for removal from the sex offender registry is a complicated one that requires knowledge of the court system, the ability to collect and present evidence, and an understanding of the criteria by which you will be assessed. It is critical that you have effective representation during this process. Kimberly Berry is an Atlanta attorney experienced in dealing with sex crimes. She can help assess whether you meet the criteria to petition the court for removal of your registration requirements, as well as residency and employment restrictions. If you qualify, she will lay out your best options and serve as your advocate throughout the process. Contact the Berry Law Group today for a consultation with one of Georgia's leading sex crimes lawyers.