One of the most significant consequences of being convicted of a sex crime, such as unlawful sexual contact or sexual assault on a child, is having to register as a sex offender. However, this does not have to be a life sentence. Colorado allows you to deregister from this list if you meet certain conditions and file a petition to deregister. Here is what you should know about this process.
Who Is Eligible to Deregister from the Sex Offender Registration?
According to C.R.S. 16-22-113, registered sex offenders can petition the court to remove their name from the registry after they have completed their term of registration. Most misdemeanor sex crimes require registration for five years. Felony convictions for Class 4, 5, or 6 sex crimes typically require registration for ten years. Those convicted of Class 1, 2, or 3 felonies must usually register for 20 years.
After a person has registered for the number of required years, they can petition the court for deregistration. They must continue to register until the court approves the petition. If you received a deferred judgment, you can request deregistration after you complete the sentence. For example, if you received probation for two years, you can request deregistration after you complete the two-year probation term.
Special Rules Regarding Out-of-State Convictions
If you were convicted of a sex crime in a state other than Colorado, the process to deregister is slightly different. The court will examine the underlying conviction from the other state and compare it to our state’s laws to determine which sex crime most closely matches the crime for which you were convicted in another state. It will then consider what the registration requirement would be in Colorado to determine when you are eligible for deregistration.
Special Rules for Sex Crimes Committed by Juveniles
If you were a juvenile at the time you were convicted, you can request deregistration once you complete your sentence. However, Colorado courts can consider several factors when determining whether or not to grant the petition to deregister. The factor Colorado courts give the most weight is whether you are likely to commit a subsequent offense of a similar nature. To analyze this, they may consider input from various parties, including your probation officer, your treatment provider, the district attorney, and the victim.
Contact an Experienced Criminal Defense Lawyer for Help with Your Deregistration Case
Petitions to deregister are not always approved, so you must work with a Lakewood criminal defense lawyer who can help with this process. If you are close to completing your sentence or registration period, an experienced attorney from The Law Office of Elaine E. Lukic can review your case and explain your eligibility. Deregistration can significantly improve your life and give you the privacy you have lost over the last several years. Call (888) 565-2217 or fill out our contact form for a confidential consultation in which we can discuss your legal rights and options, as well as how we can help.