One of the questions that I have been asked is “how do I get my name removed from the sex offender registry in Arkansas?” To answer this question, I would have some questions myself.
Background for people who don’t know. If a person is convicted of certain offenses (there’s a list here), then that person will be required to register as a sex offender. There is a process to determine the sex offender level and there are different restrictions based on each level. Failing to comply with the requirements of the sex offender registry can result in its own separate criminal charge.
But some of the questions I would need to ask would be about your particular situation and charge. Some people are required to remain on the sex offender registry for life. There are five categories of situations where a person has to stay on the sex offender registry for life.
- persons convicted of an aggravated sex offense
- persons determined by the Court or assessed as a level 4 sex offender.
- has plead guilty or nolo contendre to a second or subsequent sex offense, not multiple counts on the same charge
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Was convicted of rape by forcible compulsion, § 5-14-103(a)(1), or other substantially similar offense in another jurisdiction
- pleaded guilty or nolo contender to or been found guilty of failing to comply with registration and reporting requirements under 12-12-904 three (3) or more time
If the court finds that your situation is under one of those particular situations, then you will not get your name off the sex offender registry.
If it has been 15 years since you have completed probation or completed your sentence, then you can petition to be removed from the sex offender registry. The petition must be filed in the court where you were convicted of the sex offense; or if you were convicted out of state, then the county where you currently reside.
There will be a hearing. The court will schedule a time. You or your lawyer must serve the prosecutor’s office as well as the sex offender registry office at ACIC and the Community Notification office at least 20 days before that scheduled hearing.
The court will grant your petition to terminate the obligation to register as a sex offender if you prove by preponderance of the evidence that 1. you have not been convicted of a sex offense in 15 years since you have been released from probation, parole, prison, or some other supervised release.AND 2. you are not likely to pose a threat to others.
So that is how you get off the sex offender registry.
Yes, it is complicated and you need an attorney to help you present your case in the best way possible.
If you are interested in having your name removed from the registry, please call me, attorney Melissa Sawyer at 501-613-7529, and I can help.