Colorado Sex Offender Registry Removal
Are you eligible for removal from the sex offender registry? Maybe. Colorado, being a bit more lenient than other states in this regard, sometimes even allows removal in certain situations that require lifetime registration. Whether you’re just unsure if you’re eligible or find the legal processes associated with not registering intimidating, we’re here to help.
About the Colorado Sex Offender Database
The CBI (Colorado Bureau of Investigation) keeps a database open to the public that is designed to provide information on sex offenders in Colorado. This database provides the public with plenty of information, including the perpetrator’s photo, their address, and more. It also provides details of their offense, such as if it was related to sexual assault on a child.
It should be noted that while everyone represented in the database is a registered sex offender, not all registered sex offenders are represented in the CBI. For example, misdemeanor cases and juvenile offenders may be required to register, but their information isn’t shared in the database. In addition to the CBI, many local law enforcement agencies maintain similar databases that are jurisdiction specific.
Steps to Request Removal from the Sex Offender Database
In order to be removed from the registry, a number of steps need to be taken. It is best to consult with an attorney if you’re seeking removal, because the process can be complex and unforgiving. Even if a you’re legally eligible for removal, navigating the process is difficult and being removed is not a given.
Colorado has a law which lists several criteria for relief from registration. You must meet at least one of these criteria:
- Successful completion of a deferred sentence or deferred adjudication, or if the case was dismissed. (This may not apply if you have been convicted or adjudicated for another case involving sexual offenses.)
- Registration as a juvenile paired with successfully completing of your juvenile sentence. Subsequent charges may invalidate this criterium.
- 5 years having elapsed after a misdemeanor sexual offense. If you have kept your record clean for five years following your offense, you may be eligible for removal from the registry. This does not apply to third degree sexual assault, which has a waiting period of 10 years.
- The 10-year waiting period also applies to class 4, 5, and 6 felony offenses of a sexual nature. During this 10-year period there must not be any subsequent offenses.
- Sex crimes that are class 1, 2, or 3 felonies have a waiting period of 20 years.
Note that the waiting period does not begin at the time of conviction, but rather after you have been released from the jurisdiction of the court, the Department of Corrections, or the Department of Human Services.
Removal from the registry does not happen automatically. A petition must be filed, typically to a multitude of different agencies, including all law enforcement agencies involved, the prosecuting attorney’s office in those jurisdictions, the office of the prosecutor who secured the conviction, and others. This can be an onerous and confusing procedure without the support of an experienced attorney.
Once this step has been taken, the removal is still not automatic. The district court will hold a hearing in order to determine whether or not you should be removed from the registry. This hearing requires detailed, thorough preparation.
Contact Anaya McKedy Today
At Anaya McKedy, we have the experience and expertise to guide you through this process. We understand the requirements and the procedures inside and out, and we can help prepare you for your final hearing. We understand that being on the registry negatively impacts your life, and we’re committed to taking the necessary steps to help reduce that impact.