Florida law allows certain youthful offenders to petition or motion the court for removal from sex offender registry. This applies to a person designated as a sex offender or sexual predator. You can request removal from the registry if: The odds are lower in other counties. The Romeo and Juliet law does not allow second petitions. You can request removal from the Florida sex offender registry if a court overturns the conviction that triggered registration.
You can accomplish this through an appeal of your conviction or a motion for post-conviction relief. In one case I worked, I was able to have the conviction triggering registration overturned because my client was not warned that he would have to register as sex offender.
While Florida law currently does not require a defendant to be warned of the consequence of sex offender registration when pleading, I was able to successfully argue that the law was wrong and needed to be changed. Rather than litigate the case, the prosecutor agreed to dismiss the charges. This case represents a potential significant change in the law that could benefit thousands of sex offenders in Florida. You can also petition to have your name removed from the sex offender registry 25 years after your entire sentence is complete.
The entire sentence includes more than just time behind bars. It also means any probation of parole after. There are few big exceptions to the ability to make this petition, though. Florida law does not allow anyone labelled as a sexual predator to remove that designation. A pardon entitles you to removal from the sex offender registry. But obtaining a pardon is a tall order. Florida has a serious backlog several years when it comes to processing applications for pardon.
Even if you make it to a hearing for pardon, the odds of success are low. Of course, a well trained lawyer fighting on your behalf can change those odds. Let break it down. First, if you were required to register as a sex offender out-of-state, and then come to Florida for as little as even 3 days , Florida also requires you to register as sex offender in Florida.
Second, you also have an independent requirement to register as a sex offender in Florida if the out-of-state offense is of a certain type of crime that would trigger registration in Florida had the offense been committed in Florida. This independent requirement could lead to the strange result that an offense committed out-of-state does not trigger registration in that different state, but that out-of-state offense does trigger registration in Florida if you come to Florida.
Got it so far? If only the first requirement to register for out-of-state offenses applies to your case and not the second , you can request the Florida Department of Law Enforcement FDLE to review your file and remove your name from the sex offender registry. You have to prove to the FDLE that your requirement to register out-of-state no longer applies.
Reviewing Your Options for Removal As you can see, there are no easy options for removal from the sex offender registry. Everyone requires you to take significant action, and there are many limitations. None happen automatically after a certain length of time or upon a certain event.