Criminal Defense Attorney Atlanta, GA
Most states have some form of a sex offender registry. The registry requires people who are convicted of a sex related crime to undergo monitoring as well as creating restrictions on where people can work and live. The Georgia sex offender registry is particularly onerous. Although it is considered a lifelong registry there are ways, provided for under Georgia Law, to be removed from the registry.
There are several statutes that govern registry removal in Georgia. OCGA 42-1-19 (a)(4), OCGA 17-10-6.2(c)(1)(A) thru (c)(1)(F) and OCGA 42-1-19(c)(2)(B) are widely considered the most relevant statutes that govern the court’s decision to remove a person from the registry.
Answering the following questions, many of which flow directly from considerations deemed important in the Georgia statutes mentioned above, is a good first step in gathering the information you and your attorney will need to review to determine whether you are eligible to be removed from the sex offender registry.
- Have you completed all probation for the offense which required registration? Were there ever any allegations that you used a weapon during the offense that lead to registration?
- Were there ever any allegations that you used any form of weapon during the offense?
- Were there ever any allegations that the alleged victim sustained serious bodily injury, was threatened with injury, or received an injury of any sort?
- Was there ever any allegation of a similar incident against you?
- Was there ever any allegation that you committed a similar offense against anyone else?
- Did the alleged victim suffer any intentional physical harm during the commission of the offense?
- Do you have any criminal history other than the charge that caused you to register?
- Have you been arrested before or since the offense that caused you to register?
- How long has it been since you completed your sentence?
- Have you been assigned a risk level by the Sexual Offender Registration Review Board?
- Was the alleged victim restrained during the commission of the offense?
- Was the alleged victim moved from one location to another or transported in any way during the commission of the offense?
- What is your level of education?
- Are you currently employed?
- Where are you currently employed?
- How long have you worked at your current place of employment?
- Do you participate in any form of community service? If yes, please describe?
- Are you married?
- Do you have any children?
Take some time to answer these questions before meeting with a lawyer to discuss being removed from the sex offender registry. If you do not have all the documentation needed to answer these questions, make an effort to track down the documents that would allow you to answer these questions such as a copy of your sentencing paperwork, any relevant orders or documentation showing you competed probation, a copy of your indictment and any police or detective’s reports relevant to your case.
Certain answers to the question above can act as disqualifiers to being removed from the sex offender registry. However, it is very important that you answer these questions honestly. By working with an criminal defense attorney Atlanta, GA relies on at Andrew R. Lynch, P.C. who is experienced in this area of the law you will ensure that you are being given the best possible chance at being removed from the registry. By answering these basic questions prior to meeting with an attorney, you may find yourself one step closer to your goal of being removed from the sex offender registry. Even if you are not a good candidate for registry removal at this time, meeting with an attorney can give you a better idea of what, if anything, you could do to increase your chances of successfully being removed.