By H. Michael Steinberg – Colorado Sex Crimes Sex Offender De-Registration Defense Lawyer
Colorado Sex Offender De-Registration – A Difficult Path But Worth It – Filing a Motion to Discontinue Colorado Sex Offender Registration – essentially “de-registering” is a long and somewhat complicated process – there are many hoops to jump through – but it IS worth it. The stigma of having your name published on the net and -or available to all -neighbors -friends – family – can be unbearable.
Convicted Sex Offenders in Colorado Who Have Paid Their Debt
A single mistake in your life – if it was a sex offense – may well impact every aspect of that life – where you live, where you work, who you associate with – even how you raise your children .
But if you have served your sentence – for example – the Colorado crime of Indecent Exposure (CRS 18-7-302), or Unlawful Sexual Contact (CRS 18-3-404) and a significant period of time has run since you were released from your sentencing obligations (jurisdiction of the court over you has ended) – you may be eligible – based on the level of your crime – to file a Petition to Discontinue Registration as a Sex Offender (CRS 16-22-113).
Here are the statutory time lines to de-register based on the level of your criminal conviction: (CLICK on chart to enlarge).
You Must Discontinue Registration as a Sex Offender in Colorado: Don’t Just Stop Registering!
Unless and until a Colorado sex offender uses the law to stop registering – they must continue to register or face the possibility of a prosecution for the Colorado crime of Failure to Register as a Sex Offender (CRS 18-3-412.5).
Only a judge can grant a petition to de-register and end the requirement for registering. If and when a person is eligible to “de-register” they should do so. Even if it may seem to much work to de-register – it may end the prejudice of the public which judges all sex offenders as of the same kind. The children of these families are ostracized, homes and property is damaged, children can be bullied and doors close for future employment opportunities.
Deregistration involves many forms -and instructions –
The Law Encourages De-Registration.
The State of Colorado states in the law in this area that:
All sex offenders in Colorado are required to register pursuant to the registration act. This is NOT part of the sentence. The justification for registration is supposedly to “aid law enforcement and protect the public.”
Colorado law – Section 16-22-113 provides a defendant with an opportunity to discontinue registration: “
The plain language of this section evinces a clear legislative intent to authorize the filing of removal petitions by persons who have successfully completed a deferred judgment and sentence agreement….
“…if the person … has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior.” § 16-22-113(1)(d).”
Therefore – EVEN IF you have been subsequently convicted of – say the crime of criminal trespass – a judge making a determination of whether to permit de-registration – must find that the trespass had an underlying factual basis involving unlawful sexual behavior. A trespass conviction without a would not provide a basis as to whether a defendant would commit another sex-related crime and therefore cannot be the sole basis for continuing to impose registration.
The Quickest Path For De-registration Is For Colorado Sex Offense Misdemeanor Convictions
Pursuant to section 16-22-113(1)(b), a person convicted of a class one misdemeanor of sexual assault in the third degree (18-3- 404), is eligible to petition the court to discontinue sex offender registration after a period of ten years from the “final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior.”
Make Sure You Follow All Of The Tricky Notice Requirements of The Law
To properly de-register you must comply with all of the notice requirements for petitioning under section 16-22-113(2)(a),(b). The “petitioner” must notify:
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- Each local law enforcement agency with which the petitioner is required to register,
- The prosecuting attorney for the jurisdiction in which each local law enforcement agency is located, and
- The prosecuting attorney who obtained the conviction.
- The petitioner must make certain to attach to the petition copies of the return receipts received from each party.
MAKE SURE TO READ AND FOLLOW EXACTLY THE INSTRUCTIONS PROVIDED BY THE STATE OF COLORADO TO PETITION TO DE-REGISTER IF YOU DO IT YOURSELF
If you comply with the requirements of the statute – “the court shall set a date for a hearing and shall notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and has provided current contact information.”
You Need Not – Other Than The Requirements Of The Statute – PROVE You Are Eligible To De-Register
Unlike other kinds of petitions – Section 16-22-113 does not require the petitioner to allege facts in the petition that prove eligibility for petitioning beyond the time limitations and establishing that the petitioner has not committed a sex crime or a crime that involve “unlawful sexual behavior.”
Eligibility to petition for the discontinuance of sex offender registration is therefore straightforward.
After meeting the time requirements – one is eligible to petition for discontinuance of sex offender registration if petitioner must notifies each local law enforcement agency with which the petitioner is required to register, the prosecuting attorney for the jurisdiction in which each local law enforcement agency is located, and the prosecuting attorney who obtained the conviction, and to attach return receipts received from each party notified.
If The Petitioner’s Petition To De-register Is Granted – It Is Almost Never Reversed
A Judge’s decision to grant or deny a petition to discontinue sex offender registration is reviewed on an abuse of discretion standard. This abuse standard means that if you win your Petition it is almost always sustained on appeal.
If the Judge enters an order discontinuing the petitioner’s duty to register, the petitioner MUST send a copy of the order to each local law enforcement agency with which the petitioner is registered and the Colorado Bureau Of Investigations.
If the victim of the offense has requested notice, the court notifies the victim It’s decision either to continue or discontinue the petitioner¡|s duty to register.
Good Luck.. H
Here is a reprint of the ENTIRE Law as of 2014
§ 16-22-113. Petition for Removal from Registry
(1) Except as otherwise provided in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both, as follows:
(a) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(b) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404 , C.R.S., or sexual assault in the third degree as described in section 18-3-404 , C.R.S., as it existed prior to July 1, 2000, after a period of ten years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(c) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404 , C.R.S., or sexual assault in the third degree as described in section 18-3-404 , C.R.S., as it existed prior to July 1, 2000, after a period of five years from the date of such person’s final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;
(d) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for an offense involving unlawful sexual behavior, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (a) of subsection (1.3) of this section;
(e) Except as otherwise provided in subparagraph (II) of paragraph (b) of subsection (1.3) of this section, if the person was younger than eighteen years of age at the time of commission of the offense, after the successful completion of and discharge from a juvenile sentence or disposition, and if the person prior to such time has not been subsequently convicted or has a pending prosecution for unlawful sexual behavior or for any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry.
In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on recommendations from the person’s probation or community parole officer, the person’s treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person’s presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2-105 , C.R.S., if any.
(f) If the information about the person was required to be posted on the internet pursuant to section 16-22-111(1) (d) only for failure to register, if the person has fully complied with all registration requirements for a period of not less than one year and if the person, prior to such time, has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior; except that the provisions of this paragraph (f) shall apply only to a petition to discontinue the requirement for internet posting.
(1.3) (a) If a person is eligible to petition to discontinue his or her duty to register pursuant to paragraph (d) of subsection (1) of this section, the court, at least sixty-three days before dismissing the case, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the person, and the victim of the offense for which the person was required to register, if the victim has requested notice and has provided current contact information, that the court will consider whether to order that the person may discontinue his or her duty to register when the court dismisses the case as a result of the person’s successful completion of the deferred judgment and sentence or deferred adjudication.
The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense objects or if the person requests a hearing. If the court enters an order discontinuing the person’s duty to register, the person shall send a copy of the order to each local law enforcement agency with which the person is registered and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the person’s duty to register.
(b) (I) If a juvenile is eligible to petition to discontinue his or her duty to register pursuant to paragraph (e) of subsection (1) of this section, the court, at least sixty-three days before discharging the juvenile’s sentence, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the juvenile, and the victim of the offense for which the juvenile was required to register, if the victim has requested notice and has provided current contact information, that the court shall consider whether to order that the juvenile may discontinue his or her duty to register when the court discharges the juvenile’s sentence. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense objects, or if the juvenile requests a hearing, and shall consider the criteria in paragraph (e) of subsection (1) of this section in determining whether to continue or discontinue the duty to register.
If the court enters an order discontinuing the juvenile’s duty to register, the department of human services shall send a copy of the order to each local law enforcement agency with which the juvenile is registered, the juvenile parole board, and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the juvenile’s duty to register.
(II) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services may petition the court to set a hearing pursuant to paragraph (e) of subsection (1) of this section at least sixty-three days before the juvenile is scheduled to appear before the juvenile parole board.
(III) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services, prior to setting the matter for hearing, shall modify the juvenile’s parole plan or parole hearing to acknowledge the court order or petition unless it is already incorporated in the parole plan.
(1.5) If the conviction that requires a person to register pursuant to the provisions of section 16-22-103 was not obtained from a Colorado court, the person seeking to discontinue registration or internet posting or both may file a civil case with the district court of the judicial district in which the person resides and seek a civil order to discontinue the requirement to register or internet posting or both under the circumstances specified in subsection (1) of this section.
(2) (a) Prior to filing a petition pursuant to this section, the petitioner shall notify each of the following parties by certified mail of the petitioner’s intent to file a request pursuant to this section:
(I) Each local law enforcement agency with which the petitioner is required to register;
(II) The prosecuting attorney for the jurisdiction in which each such local law enforcement agency is located; and
(III) The prosecuting attorney who obtained the conviction for which the petitioner is required to register.
(b) When filing the petition, the petitioner shall attach to the petition copies of the return receipts received from each party notified pursuant to paragraph (a) of this subsection (2).
(c) Upon the filing of the petition, the court shall set a date for a hearing and shall notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and has provided current contact information. If the court enters an order discontinuing the petitioner’s duty to register, the petitioner shall send a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. If the victim of the offense has requested notice, the court shall notify the victim of the offense of its decision either to continue or discontinue the petitioner’s duty to register.
(d) On receipt of a copy of an order discontinuing a petitioner’s duty to register:
(I) The CBI shall remove the petitioner’s sex offender registration information from the sex offender registry; and
(II) If the local law enforcement agency maintains a local registry of sex offenders who are registered with the local law enforcement agency, the local law enforcement agency shall remove the petitioner’s sex offender registration information from the local sex offender registry.
(3) The following persons shall not be eligible for relief pursuant to this section, but shall be subject for the remainder of their natural lives to the registration requirements specified in this article or to the comparable requirements of any other jurisdictions in which they may reside:
(a) Any person who is a sexually violent predator;
(b) Any person who is convicted as an adult of:
(I) Sexual assault, in violation of section 18-3-402 , C.R.S., or sexual assault in the first degree, in violation of section 18-3-402 , C.R.S., as it existed prior to July 1, 2000, or sexual assault in the second degree, in violation of section 18-3-403 , C.R.S., as it existed prior to July 1, 2000; or
(II) Sexual assault on a child, in violation of section 18-3-405 , C.R.S.; or
(III) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3 , C.R.S.; or
(IV) Sexual assault on a client by a psychotherapist, in violation of section 18-3- 405.5 , C.R.S.; or
(V) Incest, in violation of section 18-6-301 , C.R.S.; or
(VI) Aggravated incest, in violation of section 18-6-302 , C.R.S.;
(c) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.