How to Be Removed From a Sex Offender Registry

Gavel with handcuffs

Being convicted of a sex crime can be life-altering. You may face fines or jail time and may find it difficult, if not impossible, to secure housing and get a good job. Registration as a sex offender radically alters your life and drastically reduces your privacy. The Indiana Sex Offender Registry was enacted in 1994. Many of the misunderstandings about the registry are related to what the registry requires.

It is important to note that violation of Sex Offender Registry laws can lead to additional criminal charges. Under certain circumstances, you may be eligible to be removed from the Sex Offender Registry. If you have questions about your eligibility, contact The Criminal Defense Team today to get your questions answered.

What Is the Sex Offender Registry?

In Indiana, the requirement to be registered is based on your conviction of a crime. Indiana code § 11-8-8-22 lists the offenses that require registration. These include most sex offenses, as well as human trafficking, possession of child pornography, and kidnapping.

The requirement for registration is related only to the charges for which the offender is convicted. For example, if a person is charged with rape and sexual battery but only convicted of a battery, there is no requirement for registration.

An individual is required to be registered for ten years or the offender’s lifetime. The length of time depends on the conviction. A person who is defined as a sexually violent predator must register for life. In cases where the victim is younger than 12 years of age or the offense resulted in serious bodily harm, the offender may also be required to register for life. However, there are circumstances under which a lifetime registrant can file a petition to reduce the registration requirements.

A minor may also be required to register if they’re 14 years old or older and are deemed likely to commit an act that would be considered a sexual offense if it was committed by an adult. Minors who have been released from a state institution or juvenile facility for a sexual offense may also be required to register.

The rules for individuals on the registry may differ depending on the activities that are prohibited by their parole conditions. However, the requirement to register does not automatically mean the offender is prohibited from activities where children are present. These types of conditions are set by the offender’s parole. Each time a person on the registry moves residence or changes employment, the registry must be updated.

Do You Qualify to Be Removed?

In a specific set of conditions, you may be eligible to be removed or excluded from the sex and violent offender registry. To meet those conditions, there are strict deadlines that must be followed. Making a mistake in the procedures or missing a deadline can compromise your appeal for removal. In many cases, you may have only one chance, so it’s crucial to work with an experienced attorney.

The Indiana Department of Corrections adopted a process that allows registrants to file a formal complaint about changes made to the registry about themselves or to file an appeal if the complaint is denied. If a formal complaint is filed correctly and the official does not respond within 30 days, then the Indiana Department of Corrections can review the complaint. After the 30th day with no response, the request must be sent to the department within seven days.

A Strong Legal Team Can Help Defend Your Rights

The rules and regulations that govern removal from the Indiana Sex Offender Registry can be complex and require strict adherence to the scheduled process. Engaging the services of an experienced attorney can help improve your potential for successfully being removed from the registry. The attorneys at The Criminal Defense Team understand the stigma and challenges that come with being listed in the Indiana Sex Offender Registry. We work hard to protect your rights and your future.

The registry contains information that includes a recent photograph, full name, including aliases, and physical characteristics such as race, height, weight, hair color, and eye color. Other identifying information can include date of birth, social security number, driver’s license number, vehicle description, and vehicle identification number.

If a person was convicted and required to register as a sex offender, they must register or face felony charges.

Contact The Criminal Defense Team For Help Getting Removed From the Sex Offender Registry

If you have been arrested, charged, or convicted of a sex crime that requires registration on the Indiana Sex Offender Registry, contact The Criminal Defense Team at (317) OUR-TEAM today. You need an experienced Indiana sex crimes defense attorney at your side to help defend your rights. If you’re already on the Indiana Sex Offender Registry, let us help you determine whether your name can be removed.

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