Can a Convicted Sex Offender Get Removed From the Registry?
Someone is convicted of a sex crime the court can require them to register as a sex offender.
Being a registered sex offender can follow you around for a lifetime, limiting your ability to gain employment, the places you can go to and even things like getting an apartment may be difficult.
There is hope though for people who have been convicted of sex crimes and are on the registry.
Depending on the Tier of the registry you are assigned to will determine whether or not you have any chance of getting your name removed.
Understanding Nevada’s Sex Offender Registry
There are three tiers to the sex offender registry and they are assigned by the court based on the severity of your sex crimes.
Unfortunately, the sex offender registry can be a flawed system.
Even though the system was created with good intentions to notify the public of convicted sex offenders in your area and in some cases this has proven helpful in solving crimes, the sex offender registry can also mean a scarlet letter for someone who has not committed a serious sex offense.
The court is legally bound to have certain sex convictions assigned to a tier of the registry regardless of the circumstances.
For example, if you were 18 and dated a 16 year old, in certain states this is considered a sex crime because you’re considered an adult and the 16 year old is considered a minor. As an adult, you will be convicted of a sex crime and required to register as a sex offender even if the dating was considered consensual by the 16 years old. Since the 16 year old can’t legally consent since they are minors.
That is just an example of how the registry can be a flawed system.
If you have been convicted of a crime that forces you to register as a sex offender you should contact a defense attorney to see what your options are for getting removed from the sex offender registry.
Call The Defenders today to speak with our experienced team.
Can I Get My Name Removed From the Sex Offender Registry in Nevada
There are only two circumstances where you can be entitled to have your name removed from the sex offender registry:
- You are a Tier 1 offender who has registered for 10 years consecutively or more
- You are a Tier 3 offender for an offense that you were convicted of as a juvenile and you have been registered for 25 years consecutively.
Tier 2 sex offenders are not eligible for early termination.
You remain on Nevada’s sex offender registry for at least 25 years before applying to be removed.
Can I Get an Early Termination From My Duty to Register as Sex Offender
There are time requirements no matter what tier you’re on.
But to be considered for early termination after you have met the time requirements there are several other requirements to be considered for early release, you must have the following:
- Not have been convicted of another crime that requires you to be in prison for more than a year.
- Not been convicted of any other sex offense
- Have successfully completed all supervision including probation or parole
- Have successfully completed a sex offender treatment program certified by the state of Nevada.
Getting an early release from the sex offender registry is not an automatic thing.
You must do the work and contact the court.
The best approach is to use a defense attorney to help you with your petition.
The Defenders has been representing clients for many years and can help guide you in getting an early release from the sex offender registry.
Can I Get Moved to a Lower Tier as a Sex Offender?
The sex offender registry operates on a three-tier system, where tier 1 represents the lowest level of offense, requiring the shortest duration on the list, and tier 3 signifies the most severe, necessitating the longest listing period.
It’s a common question whether one’s tier status can be reduced after a specified time frame or for other reasons, reflecting a desire for clarity on potential changes in classification.
There is no evidence that a sex offender that is placed on a certain tier of the registry can be moved to a lower tier of the registry.
This is because the tier the defendant is placed on in the registry is based on the underlying crime they were convicted of. For example, open and gross lewdness is a tier 1 offense whereas sexual assault is a tier 3 offense. These offenses are on different tiers because of the severity of the crime.
That’s why the only real thing to do is get off the registry early.
Is Early Termination From the Sex Offender Registry Automatic?
Your name will not be removed automatically even if you complete your required term.
To have your name removed and be relieved of your duty to register you must file a petition for early termination with the court where you reside in Nevada.
The court will hold a hearing on this petition.
It is never a good idea to handle these types of petitions without legal representation, one wrong move or if any of the paperwork is not filed correctly could lead to your petition being denied.
If you have completed all the other requirements for early release, the court will issue an order that you no longer are required to register as a sex offender.
This can usually take up to 8 months to complete.
Until the petition has actually been approved, you must continue to comply with all sex offender registration requirements.
Does Early Termination Seal My Original Conviction?
An early termination from the sex offender registry does not mean that your conviction is sealed.
It only means you no longer have to register as a convicted sex offender.
This will not change your record of conviction or restore your gun rights or remove your duty to disclose the conviction of a felony on a job application or application for housing.
The only way to have full civil rights restored like gun ownership is to receive an unconditional pardon from the Nevada Board of Pardons.
Even if you manage to get a pardon, which is a very difficult process and doesn’t happen very often, that pardon may have conditions and may not relieve you of the duties of your conviction.
However, you will no longer be required by the state to notify them if you decide to move.
The Defenders Legal Help for Sex Offender Registry Cases
Let’s face it, anyone that has to register as a sex offender has a stigma that is attached to them no matter what the crime was.
If you are on the registry, you are the worst of the worst no matter the crime.
Getting an early termination or removal from the registry could be life changing for a defendant.
However, getting that early termination can be difficult or almost impossible.
Having an experienced legal team to help navigate the court system properly can mean the difference between getting the removal and not.
If you have been convicted of a sex crime in Nevada and would like to see if you’re eligible to be removed from the registry contact The Defenders for a consultation.
