Certain crimes in Florida include automatic placement on the Sexual Offender Registry. It’s often worse than the prison sentence. Placement on the Sex Offender Registry will hamper your employment opportunities, home ownership, and restrict your freedom of access. Essentially, it’s a black mark that follows you around for the rest of your life.
Or is it?
If you only researched the Florida Department of Law Enforcement website you would think so. The website states that,
- There is no provision in Florida law allowing sexual predators to petition the court for removal of the sexual predator designation.
- A registered sexual offender meeting Florida statutory criteria is required to register for life, unless he or she has received a full pardon or received post-conviction relief for his or her qualifying offense.
But a Florida sex offender lawyer may be able to help you depending upon your circumstances and the particulars of your offense. There are only a few offenses that qualify for removal. Sexual battery, lewd or lascivious offenses committed in the presence of persons less than 16 years of age, sexual performance by a child, computer pornography, prohibited computer usage or traveling to meet a minor are the only offenses that qualify for removal, according to Florida Criminal Code Section 943.04354. This is based on the individual being convicted of a crime under Florida Criminal Code Section 794.011, 800.04, 827.01 or 847.0135. The individual must be convicted of a violation of one of these laws or be about to be convicted of the crime and not have any other conviction of any of these offenses. The requirement to register as a sexual offender must be based solely on the violation of one of the aforementioned properties.
This is a complex process and the petition for removal must be crafted properly and exactly according to the laws of the state of Florida. If you or a loved one has been placed on the Florida Sex Offender Registry, contact me so we can discuss your legal options.