Normally, when someone is convicted of a sex crime in Cleveland, they are put on the sex offender registry. This registry includes information about the offender, including name, photos, address, and other descriptors. Because this registry is available to the public, having your name on the sex offender registry can have a significant impact, and create hardships for those looking for jobs and housing, among other things.
If you’ve been convicted of a sex crime, working with a strong Cleveland defense attorney like Craig Weintraub can help you understand your options and answer any question you may have, including whether its possible to remove your name from the sex offender registry.
Whether an offender’s name can be removed depends on many different factors. Offenders are broken up into three tiers, based on the type of crime, its severity, whether involved a minor, and whether it was violent. In some cases, an offender can be reclassified to a lower (less severe) tier. Declassification, or removal from the registry altogether, is usually reserved for juveniles who are Tier I offenders.
The first step is to determine if the offense can be removed and if the offender is eligible to have their name removed from the list. This eligibility would depend on the laws of each state. If reclassification is possible, the next step is to file a petition with the court. This petition must argue that the sentence was erroneous or no longer applies to the individual’s circumstances. One could argue that there was an error in the trial or that the offender has a history of good behavior.
The offender must also give documentation that proves they are no longer a threat to the public. This document may include certificates from counseling sessions or treatments. Once the petition is filed, the court will review it and may grant or deny the request. Other factors may be considered here, such as the severity of the crime and if the criminal history of the offender. The court may also consider how long the person has been registered.
It is unlikely that a sex crime may be expunged or removed from someone’s criminal record. If the crime involved a minor, it can never be expunged. Typically, violent crimes or felonies cannot be removed. In some states, sex crimes cannot be expunged at all.
By working with a knowledgeable Cleveland criminal defense attorney like Craig Weintraub, you can determine whether you are eligible to have your name removed from the sex offender registry and understand the process step-by-step.