Have you been convicted of a Sex Crime and registered on the Colorado Sex Offender Registry? Our Greeley and Weld County attorneys at the O’Malley Law Office can help if you think you might be able to Deregister from the Sex Offender Registry. Most Sex Crimes in Colorado are charged as either a misdemeanor or felony, and penalties often include Registration as a Sex Offender. Below, our defense attorneys will discuss the Colorado Sex Offender Registry and how you could be eligible to Deregister. If you are in Larimer County or Fort Collins and need help with a Sex Crime or with the Sex Offender Registry, get help here.
Who Has to Register as a Sex Offender in Weld County
In Weld County and across Colorado, many misdemeanor and felony Sex Offense convictions require registration with the Colorado Sex Offender Registry. Sex Offenses that can require Sex Offender Registration are public indecency (in some but not all cases), indecent exposure, unlawful sexual contact, sexual assault, enticement of a child, and sexual exploitation of a child.
What is the Colorado Sex Offender Registry?
The Colorado Bureau of Investigation, or CBI, has a database of all Registered Sex Offenders in the State of Colorado. Colorado has many specific requirements that must be updated every year. In many cases, sex offenders must reregister every quarter. Typically, the information includes name, date of birth, address, phone number, aliases, car information, work information, and online usernames. This information, as well as a description of the offense and whether the person registered is a Sexual Violent Predator, is searchable through the CBI website. Any time an offender moves into a new town or city, their arrival and information is shared with law enforcement and criminal justice agencies.
How Can a Person Deregister from the Colorado Sex Offender Registry in Greeley, Colorado?
To Deregister from the Sex Offender Registry in Greeley, you must petition the court to have your name removed. This can only be done after a certain amount of time passes, and that depends on the Sex Crime you were convicted of. If you were under 18 or your sentence was a Deferred Adjudication,, then you can petition after successful completion of your sentence and discharge from the case. For class 2 misdemeanors, you can apply after 5 years or 10 years from the date of discharge from court supervision (probation) if it was a class 1 misdemeanor or a class 4, class 5, or class 6 felony. For a class 1, class 2, or class 3 felony, you can petition the court to deregister after 20 years from the date you finished your probation sentence. This means that if your probation sentence was 10 years, you can petition to get off the Colorado Sex Offender Registry after thirty years. Finally, in some more serious cases or in cases where someone has two sex offense convictions, you must register for a lifetime.
It is important to remember that there will normally be a hearing on your Petition to Deregister. Your victim’s position on the request to deregister is important. Also, if you have not successfully completed SOMB sex offender treatment, many judges will deny your petition. This occurs because the judges feel that if you have not completed treatment, you probably are still a danger to the community.
Are Some Sex Offender Not Able to Deregister in Weld County?
The simple answer is “yes,” there are Sex Crimes that once you are convicted of them you are not able to remove your name from the Sex Offender Registry. Some examples of these cases are those where people are determined to be sexually violent predators, have been convicted as an adult of first or second-degree sexual assault, or sexual assault on a child, or incest or a person has been convicted of more than one sexual offense in their lifetime.
How Can an Experienced Windsor and Greeley Attorney Help Deregister as a Sex Offender?
In Windsor and Greeley, the only way to have your name removed from the Sex Offender Registry is to petition the courts. This is something that can be complicated and requires an extensive knowledge in Sex Crimes law and the Colorado Sex Offender Registry rules. The attorneys at the O’Malley Law Office know that the stigma of having your name on the Sex Offender Registry is a heavy burden. It can follow a person for the rest of their life and effect many different aspects of their life – especially employment. If you believe that you are eligible to petition to Deregister from Colorado’s Sex Offender Registry, let our skilled attorneys help.