Colorado Law for Sex Offender Deregistration | Greeley Sex Offense Lawyer

In Colorado, depending on the underlying crime, it is possible to petition for Deregistration as a Sex Offender. This is also known as removal from the Sex Offender Registry. Certain sex offenses call for a convicted person to register as a sex offender. On top of that, some of these crimes require you to register for life. Others only require that you register for a set amount of years once your sentence is completed. Read further to see if you might qualify.

Will I Ever Be Able to De-Register as a Sex Offender, C.R.S. 16-22-113, in Weld County?

In some Weld County sexual offense cases, you may be able to De-Register as a Sex Offender, under C.R.S. 16-22-113. According to Colorado law:

How Long Until a Sex Offender can Petition for Removal from the Sex Offender Registry in Greeley, Longmont and Windsor?

Sex offenders will have to wait a specified time until they can Petition for Removal from the Sex Offender Registry after starting to Register as a Sex Offender in Greeley, Longmont and Windsor.

A sex offender, who was convicted of a Class 1, 2, or 3 sex offense felony, can petition for removal after 20 years. They can do this once the offender has completed their sentence. This means the period begins upon the end of probation or parole.

A sex offender, who was convicted of a Class 4, 5, or 6 sex offense felony, a class 1 misdemeanor, including unlawful sexual contact, or Sexual Assault in the Third Degree, can petition for removal after 10 years. Again, this is after the offender has completed their sentence. This 10 years does not start until parole or probation is over.

When a sex offender is convicted of a Class 1 or 2 misdemeanor sexual offense, including unlawful sexual contact, or Sexual Assault in the Third Degree, they can petition for removal from the registry after 5 years. But the offender must have already completed their sentence.

If the defendant had to register due to a deferred judgement, after they have successfully completed their sentence, and with the dismissal of the case, they can petition the court to be removed from the registry.

When the offender was a juvenile under the age of 18, at the time of their offense, they can petition for removal after the successful completion of the juvenile sentence / disposition. However, juvenile cases also involve a considerable amount of background checking prior to their deregistration court hearing, such as: a PSIR, victim statement, parole / probation officer's opinion, treatment progress, etc.

Please note that all of this is under an assumption that a new case for unlawful sexual behavior, or a pending one, has not occurred since the initial incident. If a new case has been filed, it will impact whether they can deregister at all.  Generally speaking, if someone has two sexual offenses on their record, they can never deregister.

How Do I Petition to be Removed from the Sex Offender Registry in Erie and Evans?

Petitioning to be Removed from the Sex Offender Registry in Erie and Evans can be quite complex. It is always recommended that you hire a knowledgeable criminal defense attorney to assist you. When you're eligible to petition for removal here are the steps you, and the court, must go through:

• File a petition with the court of proper jurisdiction, and provide a copy of it, through mail, to:
  • Each law enforcement agency that you're required to register with
  • The DA for the jurisdiction where you currently register
  • The prosecuting attorney who obtained the original conviction
• Within twenty-one days after filing the petition, the petitioner shall file with the court copies of the return receipts received from each party notified and any documents supporting his or her eligibility to petition to discontinue registration. The supporting documents must include records documenting the completion of treatment if ordered by the court, when such records are available.
• Upon receipt of the petition, the court shall set a date for a hearing and shall notify the petitioner and the district attorney for that jurisdiction of the hearing date. The court shall also notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and provided contact information.
• If the district attorney or the victim objects to the registrant's petition, the district attorney shall file the objection with the court within sixty-three days after receiving the notice of the petition.
• If no objection is filed by the district attorney or made by the victim, the court may consider the petition without a hearing and shall grant the petition if the court finds that the petitioner has completed the sentence for which he or she was required to register.
  • In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2)(b) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.
• If there is objection to the Petition by the district attorney or victim, the court shall conduct a hearing on the petition.
  • Again, in determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2)(b) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney. The court may grant the petition if the court finds:
    •  the petitioner has completed the sentence for which he or she was required to register;
    • the petitioner has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying basis of which involved unlawful sexual behavior;
    •  the waiting time period described in subsection (1) of this section has expired;
    • and the petitioner is not likely to commit a subsequent offense of or involving unlawful sexual behavior.
• If the court enters an order discontinuing registration, the petitioner shall provide a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. The court shall also notify the victim, if the victim of the offense has requested notice and provided current contact information.
• And finally, on receipt of a copy of an order discontinuing a petitioner's duty to register:
  • The CBI shall remove the petitioner's sex offender registration information from the state sex offender registry; and
  • The local law enforcement agency shall remove the petitioner's sex offender registration information from the local sex offender registry.

Which Sex Offenses Call for a Lifetime of Sex Offender Registration in Weld County, Frederick and Lyons?

In Weld County, Frederick and Lyons, when someone is convicted of certain sex offenses, they must register as a Sex Offender for life. They are not allowed to petition for removal from the sex offender registry. If someone is deemed a sexually violent predator, or they have been convicted of the following, they must register for the rest of their natural life:

• Any adult convicted of Sexual Assault, C.R.S. 18-3-402
• Any adult convicted of Sexual Assault on a Child, C.R.S. 18-3-405
• Any adult convicted of Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3
• Any adult convicted of Sexual Assault on a Client by a Psychotherapist, C.R.S. 18-3-405.5
• Any adult convicted of Incest, C.R.S. 18-6-301
• Any adult convicted of Aggravated Incest, C.R.S. 18-6-302
• Or any adult who has more than one conviction or adjudication for unlawful sexual behavior (this covers the person who has 2 or more juvenile adjudications, or one juvenile and one adult conviction, or two or more adult convictions).