Whether or not a sex offense stays on your criminal record depends on state law and the type of crime committed. For Class A felony crimes that include forcible compulsion or sexually violent predatory status, expungement is not possible.
Sex offender registration can last for either 20 years or life depending on the severity of the crime. It also comes with restrictions on employment and housing options, such as not residing near educational settings or playgrounds.
What is a Sex Offender?
A sex offender is someone who has been convicted of a sex offense, such as sexual assault or attempted sexual assault. State laws require that people convicted of sex crimes must register as sex offenders, and violating the registration requirement can result in serious consequences, including prison time.
Most states have sex offender registries, and those who are required to register must do so within a short amount of time following their sentencing or release from custody. They also typically must notify the sex offender registry each year and report any changes in their name or address. People who are sex offenders also may not participate in community events or be allowed to live near schools and other public areas, which is designed to keep them away from children and reduce the risk of repeat offenses.
Depending on the level of risk associated with their crime, the length of time that a person must remain on the sex offender registry can vary. Those convicted of Level 1 offenses, which include low-risk offenders, must register for a period of 20 years, while those designated as sexual predators or predicate sex offenders must remain on the registry for life.
In addition, those who are required to remain on the sex offender registry must notify law enforcement agencies each time they move, and they must be re-registered if they start or stop enrolling at colleges or universities. However, some offenders can apply to be removed from the registry after a certain amount of time, and this is usually available for those labeled as moderate or high risk.
How Long Do I Have to Register?
Sex offenders must register until they get a court order that ends their registration requirement. For adults, this can be after a period of time ranging from 10 years for class C felonies to life for more serious offenses such as aggravated sexual assault, sexual performance by a minor, indecency with a child and kidnapping of a child. In some cases, the offender can petition to have their case expunged, but only if they are not convicted of another sex offense and the criminal record is otherwise clean.
People who are convicted of crimes that require sex offender registration must report within five business days of their release from probation, state supervision or jail. This includes those who were given deferred adjudication for a decade, but must register after completing their sentence or being released from prison. If the offender moves to a different state and the crime they committed would be considered a sex offense in that jurisdiction, then they must register again.
Once a person is registered, the information about them will be publicly available on websites that are maintained by law enforcement. This means that employers, neighbors and friends will know about the offender’s background and criminal history. This can seriously damage a person’s life and career prospects. There is no credit or good time given towards a person’s sex offender registration period, so even if the offender has successfully fulfilled their duties and demonstrated remorse and rehabilitation, they will still be listed on these databases forever.
How Long Do I Have to Re-register?
Whether you have to register again after your sex offender conviction depends on the state where you live and what your crime was. For example, New Jersey requires that all convicted sex offenders register when they move to a different address. Similarly, if you are convicted of a crime that is not a sex offense in your current home state but would be considered a sex offense in a different state (such as the knowing transmission of an STD) then you will have to re-register there.
When you are released from jail or prison, or after you finish probation or parole, a judge will hear your case and decide what your level of registration should be. Then, if you do not commit any more crimes and prove that you no longer pose a risk to the public, you can petition a court to lower your risk level or even be relieved of the requirement to register completely.
However, getting your name removed from the sex offender registry is difficult and may require a long legal process. You may be able to get your conviction reversed, vacated, or set aside; or you might be able to convince the court that registering you has caused serious problems for you, including difficulty finding housing or employment, or that you have undergone mental health treatment and have changed your ways.
How Long Do I Have to Stay on the Registry?
The length of time you have to stay on the registry as a sex offender depends on your conviction and state law. Some states require registration for life, while others have different tiers of crimes that allow for shorter registration periods. You can petition the court to have your name removed from the registry after a certain amount of time, but this is a complicated legal matter.
Once you’re on the sex offender register, it is important to be truthful and follow the laws regarding your status. This means keeping the authorities informed about your location, not using the internet to communicate with minors or allowing them to enter any home where children reside. You must also not engage in any sexual activities with a minor while on the list.
It is a criminal offense to fail to comply with these requirements, and the penalties can be severe. The first violation is considered an E felony, while any subsequent failures will be treated as a D felony. This may result in a loss of your parole or probation and a prison sentence.
Being on the sex offender list also prevents you from working in some industries, such as schools and hospitals. In addition, it can make it difficult to find housing because you cannot live with family members who have children.
