GEORGIA Sex Offender REMOVAL LAWYER

Our law firm has had great success at getting people off of Georgia's sex offender registry. To date, we have helped roughly 30 individuals and their families get released from Georgia's restrictive sex offender registry requirements. If you're looking for a sex offender removal lawyer in Georgia, give our firm a call. We can help you determine in you're eligible for removal and discuss the likelihood of a judge taking you off the Georgia sex offender registry. 

How do I get off Georgia's sex offender registry?

Georgia law O.C.G.A. § 42-1-19 details how an individual on Georgia's sex offender registry can go about getting removed. The law requires an individual seeking removal to file a petition in the superior court of the county where they were convicted, requesting that he or she be released. If the individual resides in Georgia but was convicted out of state or in federal court, then he or she would be required to file the petition in the county of residence. The judge assigned to the case will then hold a hearing to determine the individual should be removed from the registry. 

During the hearing, the judge will determine if the individual is eligible and whether the individual is likely to commit a sex offense in the future. If the court agrees with you, the judge will likely sign an order releasing you from all of Georgia's sex offender registration requirements.

What are the eligibility requirements?

There are three primary eligibility requirements. First, your sentence must have concluded. This means that your sentence has either ended naturally or that the judge terminated your sentence early (i.e., you cannot be on probation, parole, or supervised release). 

Second, most people need to have a Level 1 classification by Georgia's Sexual Offender Registration and Review Board.  A level 1 classification indicates that an individual has a low probability of reoffending. There is an exception here. If you sentence expired more than 10 years ago, you only need a Level 2 classification (which indicates a moderate risk of reoffending). Anyone who is classified as a Level 3 (known as a Sexually Dangerous Predator) is ineligible to be removed.

Third, there are 6 factors which could prevent someone from coming off the registry. You will need to show that these six factors do not apply to you:

1. No prior convictions for a sexual offense. If you have a second conviction on your record for a sex offense, you will likely be disqualified from coming off Georgia' sex offender registry.

2. No similar transactions. If you were accused of a different sex offense in the past (even if you were not arrested of convicted), that allegation may prevent you from being removed if the District Attorney's Office is aware of the allegation.

3. Intentional physical harm. If there is evidence that you caused the victim intentional physical harm, the judge will likely find that you are not eligible to be removed.

4. No physical restraint. If the State alleges that you restrained that victim during the commission of the offense, this fact may prevent you from being eligible to be released.

5. No weapons. If the offense involved a weapon or something that could cause serious bodily injury, the judge will likely find that you are ineligible.

6. No transportation. Another disqualifying factor would be if you transported the victim in order to commit the offense. 

One note: People convicted of possessing child pornography almost always meet these six factors. People convicted of a contact offense should take great care to identify any potential issues with these six factors.

How does the judge decide if I come off the registry?

After filing your petition to be removed, the judge will schedule an evidentiary hearing. At that hearing your lawyer will present evidence to show that you are eligible to be removed. The law is also clear that you have to show by a preponderance of the evidence that you are not likely to commit any future dangerous sexual offense (i.e., that you won't reoffend). While preponderance of the evidence mans "more likely than not," in practice, the judge has a tremendous amount of discretion and will want concrete evidence to show that you will not reoffend. 

What evidence do I need to come off the registry?

You need to convince the judge that you will not commit a sex offense in the future. In an ideal case, you'll be able to present the following pieces of evidence:

1. Level 1 classification. A Level 1 classification from the SORRB is an official stamp of approval that you are a low risk. For many judges, however, this is not enough.

2. Expert testimony. In conjunction with a Level 1 classification, expert testimony from a treatment provider that you have undergone and completed a psychosexual evaluation and sex offender treatment is usually the strongest evidence. If the judge can rely on an expert opinion that you are a low risk, it makes his job much easier to take you off the registry.

3. Polygraph. In some cases, our clients will undergo a polygraph examination in order to show that they have not reoffended. This can be powerful evidence that you are not a risk to the community.

4. Character Witnesses. Character witnesses can be extremely important. The judge wants to see that you have a stable life. Family, friends, neighbors, and employers can assure the judge that you are not likely to reoffend.

Contact us

If you or someone you know is looking to get removed from Georgia's sex offender registry, give our law firm a call. The initial consultation is always free of charge.