Understanding Removal from Florida’s Sexual Offender Registry
Being listed on the Florida Department of Law Enforcement’s (FDLE) Sexual Predator & Sexual Offender Database can significantly impact various aspects of your life, including employment opportunities, housing options, and personal relationships. If you’re seeking removal from this registry, it’s essential to understand the legal avenues available and the specific criteria that must be met under Florida law.
Criteria for Removal
Florida law provides limited circumstances under which an individual can petition for removal from the sexual offender registry. According to Florida Statutes § 943.0435(11)(a)1., a person may be considered for removal if:
- Time Elapsed Since Release: The individual has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years.
- No Subsequent Arrests: The individual has not been arrested for any felony or misdemeanor offense since release.
- Nature of the Original Offense: The registration requirement was not based upon an adult conviction for specific offenses, including but not limited to:
- Kidnapping or false imprisonment involving a minor (§ 787.01 or § 787.02).
- Sexual battery, excluding certain offenses under § 794.011(10).
- Lewd or lascivious offenses involving a victim under 12 years of age or involving force or coercion (§ 800.04(4)(a)2., § 800.04(5)(b), § 800.04(5)(c)2.).
- Sexual performance by a child (§ 827.071(2)(a)).
It’s important to note that individuals designated as sexual predators are not eligible to petition for removal from the registry. The FDLE states, “There is no provision in Florida law allowing sexual predators to petition the court for removal of the sexual predator designation.”
Petitioning the Court
If you meet the above criteria, you may petition the criminal division of the circuit court for removal of the registration requirement. The appropriate venue for filing the petition depends on your circumstances:
- For Convictions in Florida: File in the circuit where the conviction or adjudication occurred.
- For Out-of-State Convictions: File in the circuit where you currently reside or, if no longer residing in Florida, where you last resided.
In your petition, you must allege that you meet the statutory criteria and that removal of the registration requirement will not conflict with federal law. The state attorney in the relevant circuit must be given notice of the petition at least 21 days before the hearing and may present evidence in opposition.
Court’s Consideration
The court will consider several factors when deciding whether to grant your petition:
- Compliance with Registration Requirements: Demonstrating strict adherence to all registration obligations since your release.
- Rehabilitation Efforts: Evidence of participation in counseling, therapy, or other rehabilitative programs.
- Community Involvement: Positive contributions to the community, such as employment, volunteer work, or educational achievements.
- Risk Assessment: Expert evaluations indicating a low risk of reoffending.
If the court grants your petition, you must provide the FDLE with a certified copy of the court’s order to facilitate the removal of your information from the public registry.
Alternative Avenues for Removal
In certain situations, other legal avenues may be available for removal from the registry:
- “Romeo and Juliet” Law: Florida’s “Romeo and Juliet” provision allows individuals convicted of consensual sexual offenses with a minor to petition for removal from the registry under specific conditions. To qualify, the offender must have been no more than four years older than the victim, who was between 14 and 17 years old at the time of the offense.
- Full Pardon: Obtaining a full pardon from the state can remove the requirement to register. However, pardons are rare and typically require a significant showing of rehabilitation and merit.
- Overturned Conviction: If your conviction is overturned on appeal, you can petition for removal from the registry.
Challenges and Considerations
The process of seeking removal from the FDLE’s Sexual Predator & Sexual Offender Database is complex and requires careful navigation of legal procedures. It’s crucial to consult with an attorney experienced in Florida’s sexual offense laws to assess your eligibility and guide you through the petitioning process.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending individuals charged in Florida with criminal or traffic offenses. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
FAQs
What is the difference between a sexual offender and a sexual predator in Florida?
In Florida, the terms “sexual offender” and “sexual predator” have distinct legal definitions. A “sexual offender” is an individual convicted of certain sexual crimes specified under Florida law, requiring them to register with the state. A “sexual predator” designation is reserved for individuals convicted of more severe or multiple sexual offenses and carries stricter registration and notification requirements. Importantly, Florida law does not provide a mechanism for sexual predators to petition for removal from the registry.
Can I be removed from the registry if my offense involved a minor?
Removal eligibility depends on various factors, including the nature of the offense and the ages of the individuals involved. Florida’s “Romeo and Juliet” law allows for potential removal if the offense was consensual, the victim was between 14 and 17 years old, and the offender was no more than four years older than the victim at the time of the offense. Each case is unique, so it’s essential to consult with a legal professional to assess your specific situation.
How long does the removal process take?
The duration of the removal process can vary based on individual circumstances, court schedules, and the specifics of the case. After filing a petition, the court will schedule a hearing, during which the state attorney may present evidence. It’s advisable to work closely with an attorney to ensure all procedural requirements are met promptly.
What happens if my petition for removal is denied?
If the court denies your petition for removal from the registry, you may not be authorized to file another petition under the same statutory provision. It’s crucial to present a comprehensive and well-supported case during your initial petition to maximize the chances of success.
Does removal from the registry erase my criminal record?
No, removal from the sexual offender registry does not expunge or seal your criminal record. The public may still access information about your conviction
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending individuals charged in Florida with criminal or traffic offenses. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
