Removal from the North Carolina Sex Offender Registry

Posted on Jan 3, 2015 9:21pm EST

Removal from the North Carolina Sex Offender Registry

Sex offender registration may have lifelong effects on where you live, where you work, establishments that you may frequent, and what licenses you may obtain professionally. Often a registrant and their family are threatened and require constant relocations from home and employment. Those registrants with children are unable to attend any of their children's school functions, extra-curricular activities, or simply their own child's birthday party.

North Carolina, as well as all states, has a Sex Offender Registry where anyone may search registrants near their address, by name, latitude and longitude, and; receive updates via email telephone or mobile app. Each state also participates in a National Sex Offender Registry, with availability of many of the same search options.

However, this does not have to be a lifelong stigma for you or your family.

Pursuant to N.C.G.S. ยง 14-208.12A:

A registrant may petition the superior court to terminate the 30-year registration requirement, if the person has not been convicted of a subsequent offense requiring registration, ten years from the date of initial county registration.

Where do I file?

If the reportable conviction is for an offense that occurred in North Carolina, the petition shall be filed in the district where the person was convicted of the offense.

If the reportable conviction is for an offense that occurred in another state, the petition shall be filed in the district where the person resides. A person who petitions to terminate the registration requirement for a reportable conviction that is an out-of-state offense shall also do the following:

Will the court grant relief?

The court may grant the relief if:

for any crime that would require registration under this Article since completing the sentence,

Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the receipt of federal funds by the State, and

threat to public safety.

What happens if my petition is denied?

If the court denies the petition, the person may again petition the court for relief in accordance with this section one year from the date of the denial of the original petition to terminate the registration requirement.

This criteria does not fit all offenses. A person who is a recidivist, who is convicted of an aggravated offense, or who is classified as a sexually violent predator shall maintain registration for the person's life, unless the conviction requiring registration is reversed, vacated, or set aside, or if the registrant has been granted an unconditional pardon of innocence for the offense

For more information to avoid becoming a sex offender registrant or help with having your name removed from the sex offender registry, you should contact an experienced criminal appeals attorney today.

Call us now and an experienced appeals lawyer will be available for a free consultation.