How to Get Your Name Removed from Florida's Sex Offender List
One question that I am often asked is whether it is possible for someone to get his name removed from Florida's sex offender list and, if so, how?
In an attempt to answer that question, I looked at the frequently-asked-questions page from the section of the Florida Department of Law Enforcement ("FDLE") website pertaining to sexual offenders and predators where I found the following information:
Question number 16 asks, "How can I get my name off the sexual predator/offender list?"
Answer:
"If you are a registered sexual predator or a sexual offender meeting Florida criteria, registration is required for life, unless you have received a full pardon or had a conviction set aside in a postconviction proceeding for any offense that met the criteria for the sexual predator/offender designation.
In accordance with guidelines set fourth in the federal Adam Walsh Child Protection and Safety Act of 2006, Florida registration law was amended, effective July 1, 2007, and removed the ability for a sexual predator to petition the court for removal of the sexual predator designation.
Certain individuals required to register as a sexual offender who have been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and have not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court in the circuit in which they reside to remove their sexual offender designation. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing. The court has discretion to grant or deny the petition providing it does not conflict with requirements of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other applicable federal provisions.
If you are an offender who is required to register as a sexual offender solely because of an out-of-state registration requirement the designation can be reviewed for removal when you provide FDLE with an order issued by the court that designated you with an offender or predator designation, which states that your designation and requirement has been removed. If your requirement to register and/or designation were not imposed by the court, you must demonstrate to the FDLE that your designation has been removed by operation of law in the state or jurisdiction in which the designation was made or required- contact the appropriate state registry in the state(s) requiring your registration for assistance. Please note that your removal from the Florida registry can be made only if you no longer meet the criteria for registration as a sexual offender under the laws of Florida, regardless of whether or not you are required to register in another state or jurisdiction."
Question number 36 asks, "How do I find out more information regarding Florida statute section 943.04354, often referred to as the 'Romeo & Juliet' law?"
Answer:
"Effective July 1, 2007, Florida Statute 943.04354, entitled 'Removal of the requirement to register as a sexual offender or sexual predator in special circumstances”, allows certain individuals who specifically meet the criteria of the statute to petition or move the court for relief from the requirement to register as a sexual offender and sexual predator (Florida statute section 943.0435 or Florida statute section 775.21, respectively). Several criteria are specified, including that the victim of the offense was age 14 - 17 and that the offender was not more than 4 years older than the victim. Among other criteria, the sole offense requiring registration must be either Florida statute section 794.011 or Florida statute section 800.04. The court may grant or deny any such motions or petitions for removal. Please see the complete statutory text for Florida statute section 943.04354 for further details. Additionally, see [question number 37 below entitled] 'How do I petition for removal from the registry based upon the new Romeo & Juliet law (Florida statute section 943.04354)? Do I need an attorney to make this petition?' for information on how to petition the court."
Question number 37 asks, "How do I petition for removal from the registry based upon the new Romeo & Juliet law (Florida statute section 943.04354)? Also, do I need an attorney to make this petition?"
Answer:
"Petitioning for removal from the registry in this capacity must be initiated by the offender or predator (or a legal representative) by completing the appropriate process for the circuit court of jurisdiction. Petitioning for removal of the requirement to register in this capacity is not within the purview of the registry. As provided in the statute, the offender/predator must move or petition the clerk of court of jurisdiction where the offender/predator was or will be sentenced. The exact process for submitting such a petition differs depending upon the requirements of a particular court. As such, you should contact the individual court or jurisdiction directly for questions regarding how to petition the court.
There is nothing provided in the statute that requires such petitions to be filed by an attorney or legal representative, therefore self-representation is possible. You should make an informed decision regarding whether or not to seek legal assistance or representation based upon your personal circumstances.
Please note that this relief from sexual offender or predator registration requirements does not extend to eligibility to have your criminal history records sealed or expunged, pursuant to Florida statute section 943.059 or Florida statute section 943.0585."
Question number 43 asks, "I am a registered sexual predator. Why can I no longer petition the court for removal of my predator designation?"
Answer:
The federal Adam Walsh Child Protection and Safety Act of 2006 removed the ability for sexual predator meeting specific criteria from petitioning the court for removal of the designation of sexual predator. In accordance with this federal legislation, effective July 1, 2007, Florida law was amended and removed the ability for a sexual predator to petition the court for removal from the registry."
Unfortunately there is a caveat to this discussion. Some states, such as Texas will not recognize a pardon or certain other measures. Thus, though a person may be removed from the registry of the state of Florida, if that person enters another state, he or she may find themselves subject to yet another registration law.
Further, given the retroactive nature of sex offender registration, there is no guarantee that newer retroactive laws will not and cannot nullify any benefit received from having one's name removed from ANY registry.
The best course of action, in my personal opinion, is to pursue a change in the legislature...or simply to wait until the government runs out of money and realizes the cost-ineffectiveness of these laws.
if my crime was committed in 1995 how can the retroactive a law back 20 years, and put me as a predator after I was released from prison in 1997 and they did not hit me with it until 1998 and never took me in front of a judge for it or anything. Have one lewed and Lac charge against me.
Attorney Chapman's response:
In June 2008, I wrote an article on this website entitled "Sex Offender Registration: Is It Punishment?" I think this article may answer at least some of your questions. You can read this article at:
http://www.justiceflorida.com/2008/06/articles/sex-offenders/sex-offender-registration-is-it-punishment/
in 2005 my boyfriend was aressted, because we were to gether. he was 21 i was 14. my sister did not like him so she reported we were together. is there anyway to get this off his record. lude and lascidc battery on a victim under 16
Attorney Chapman's response:
If the case was dropped, then your boyfriend may be able to get his record expunged. It all depends on how his case was finally resolved.
I was charges with Comp-Net Communications to do a crime. I was the first man in Michigan to be charged with this. I was 31 and was baited in a Michigan Chat room not a teen chat or anything like that. I have no prior history or being a pedophile and I am not. I talked to a person who said they were 15 and it was just that,.. all talk. I am not a predator nor a sexual deviant. I have been on the sex offender list. I did not know I was going to be on it for 25 years. I have been on it for 7 and have 18 more to go. I have since then for the past 7 years been the target of whoever wants to make my life miserable. I have hurt anyone, never had a job around minors nor do I care to. I have been compliant and hyper vigilant, in complying.. I check in with the local police department every 3 months to verify where I am living. I have purchased a home in Michigan, were there is a church behind me very far back. I checked with the Michigan State police about the school safety zones. I am also on a busy street. The Church has bible study and a bible school during the summer. I have been here for 6 months and I have yet to even see a minor.. from the church or anyone for that matter even look my way. The MSP said this did not fall in their interpretation of a School Safety zone…
Long story short I have had several run in with my neighbor who wanted my house and didn’t get it. He called the police on me when my brother left his 7 year old boy with me to watch, the police came over like storm troopers and then found out that the boy was my nephew and I have no provisions that kept me from being around minors that being children or young adults. I made a harassment complaint on my neighbor and heard nothing for 2 months. I called up the detective handling the complaint who just miraculously ended up being the detective who is in charge of the sex offender registrants for my City. I was basically threatened by him, stating, I didn’t want to get on his radar or he could make my life difficult. A month later from this he put a card in mail box and when I returned his call I was told that he checked into it and he figures the church behind me constitutes a school safety zone and I have 30 days to move or he is going to charge me with failure to comply.
My attorney spoke to the detective and she was told by the detective that he spoke to the County prosecutor and although this School safety zone thing was a gray area that if charges were charged on me he would consider (meaning he would) prosecute considering the circumstances..
My questions
1. Why must have to be charge with something in order to challenge the validity of this?
2. Can I petition the courts to consider at the very least placing me on the Registry for 10yrs verses the 25 years as they have me on.
I don’t have prior sexual offenses.. never have, didn’t meet a 15 year old, I didn’t bring candy and hotel reservations, it was not my intent… regardless, I know am responsible for my actions and I do take responsibility. But again any shrink will tell you that am not a predator nor am I a pedophile or sexual deviant. But for the past 8 years my life has been total hell. I don’t deserve to have my picture next to the guy that got out of prison for is 3rd time of molesting 6 or 9 year boys. I cant put this behind me and its been torture. If am made to move or sell. I have more a chance of being around minors in an apartment building or in a quiet subdivision then I do where I am now.. Where is the rational in all this?
What can I do if anything?
Attorney Chapman's response:
1. Typically a person does not have standing to challenge the constitutionality of a particular law unless he has been actually charged with violating that law.
2. If the law requires that you be on the sex-offender registry for 25 years, the judge probably has no discretion to shorten that period of time. However, because I am not licensed to practice law in Michigan (I am licensed in Florida), I suggest you speak with a criminal-defense lawyer who practices law in Michigan.
Please understand, I am not making light of the horrible nature of the crimes these people have committed, it's just that I don't see the logic of requiring THEM to register, but not other types of ciminals. A parent can protect a child from a sex offender almost 100% by taking a very active role in keeping the child under close supervision.
I have no children, and no one I know has ever been the victim of a child molester. But my point is this... don't I count for anything? What about me? Why can't I go online and find out if there is a home-invasion robber living near me? Or a crack house? Or an aggravated batterer? Or a car thief. These are the people that I need to worry about and know about. If these people are living near me I would like to know about it.
Attorney Chapman's response:
In Florida, individuals convicted of any felony offense (not just sex offenses) are required to register with the sheriff's office in the county in which they live.
You can never get your name off the list even if it was due to an out of state label. FDLE will weasel around and simply state you are required to register because your crime was similar to one in Florida that requires registration. I know this for a fact because this happened to me.
I was charged and plead guilty to the 5th degree felony crime of "Disseminating Matter Deemed Harmful to Juvenile" in 2006 in Ohio. I only plead guilty because I was pressured to do so by my family, it was a family matter blown out of proportion, and I my lawyer lied to me as well. The crime at the time of sentencing unjustly carried a label in the state of Ohio that was well below Florida's sex offender label also. At the time I was a resident of Florida, not Ohio, so I had to register as a sex offender in Florida when I returned home. I also never spent any time in prison and just thirty days in county jail from arrangement to appearance in front of the judge.
That is how my battle with the unjust joke FDLE is began. The twist is that the unjustly given label in Ohio was removed ten months after I plead guilty because the state recognized that the county court had labeled me for a Non-Sexual Offense! I never petitioned the court or state to remove the label in Ohio, they did it because they realized I was wrongfully labeled and I documents showing this. But where am I now in 2010??? Unemployed, forced to register still, and having legitimate court notarized documents that show this whole mess is a big joke. Where is justice for the little people? No Where!
The people this law hurts are the people who don't really belong on this list. They are the ones that are trying to establish lives in society- get jobs, raise families, go to college. The real criminals could care less. Also, how do families with children even use this law to protect their children when they probably know people who have been put on this list because of something they did as a kid that did not even approach any real danger to society? This law is too diluted to be effective.
I would like to know why someone adjudication withheld as a youthful offender (in Florida) is still required to register as a felon. The wording of the law is anyone convicted but a person adjudication withheld is not convicted.
Attorney Chapman's response:
Florida statute section 775.13(1) states, "As used in this section, 'convicted' means, with respect to a person's felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, REGARDLESS OF WHETHER ADJUDICATION IS WITHHELD."
My Ex husband, now 36, was charged with sexual battery at 16 years old on a victim who was 26 years old. He had been sleeping with the woman for a few weeks before she claimed he raped her. During interrogation, he was terrified by their threats and plead out to sexual battery with injury unlikely. He was sent to prison at 17 years old for a violation of his probation to a 5 year sentence. He has to register the same as any other sexual offender in Florida. It has ruined his entire life, while the woman walked free after having sex with a 16 year old boy several times. Where's the justice in that?
I am a registered sexual predator. I was concicted of my offense in 1995, made a predator 1998. I did some reading and found out that it says under the 1995 laws I can be removed from registration if I get my complete civil rights restored. Is this true?
Attorney Chapman's response:
No. What the law said in 1995 is not what matters; it is what the law currently says that matters. You might want to read my article entitled "Sex Offender Registration: Is It Punishment?" which is found at:
http://www.justiceflorida.com/2008/06/articles/sex-offenders/sex-offender-registration-is-it-punishment/
I have to register as a sexual predator, and I have no victim and did not violate any law. I had a conversation with a prostitute in which she was trying to sell me someone under age and I knew she was lying to me, because she had lied about her age and everything else we discussed. So I lied to her to try and get a truthful answer. The whole conversation was recoreded by police. I was charged with 3 capitol first degree solicitation charges. Each charge was for a different word in our conversation. I was told life in prison at first arraignment. There was no solicitation because such person did not exist to solicit. Niether was it conspiracy, attempt, or crime committed. I had no money for lawyer so I get public defender. She was trying to get me 10 years probation, finally she submitted a motion to dismiss the charges on the grounds that I had not committed any crime. The judge said that he could not find any law that I had violated either, but at ruling on the motion he said "I refuse to dismiss the charges on the grounds that if there had of been a victim there would have been a crime". So DA drops 2 charges and lowers 1 to 2nd or 3rd degree, and offers 21 and a half months. PD says to take the deal, because we couldn't get it past the judge, and we would never get it past the jury. So I take the deal. After deal is over the DA says "Oh! and I want to put the sexual predator act on him". And the judge allows it, even tough you need a 1st degree or two 2nd degree felonies to be a predator. My arrest was in Sept. 98 and I finished probation March 2000. Being single I did hire prostitute's for pleasure, but I never touched or tried to touch a child in any way, ever. So tell me, how do I get justice for this injustice?