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Can People Be Removed from the Sex Offender Registry in Colorado?

Posted on April 14, 2023

The Sex Offender Registry is a list of individuals who have been convicted of certain sexual offenses in Colorado. Being on the registry can have significant consequences, including restrictions on where one can live, work, and travel. As such, it is understandable that those on the registry may want to explore the possibility of being removed from it. However, the process is not straightforward and can be quite difficult.

How Long Must Offenders Remain on the Sex Offender Registry in Colorado?

In Colorado, the duration of sex offender registration depends on the severity of the offense committed. For example:

  • Class 1, 2, or 3 felony conviction: 20 years
  • Class 4, 5, or 6 felony, a Class 1 misdemeanor, sexual assault in the third degree, or unlawful sexual contact conviction: 10 years
  • Other misdemeanor convictions: 5 years

The specific length of registration is determined by the severity of the offense and the individual’s criminal history. For example, the registration period may be extended if an individual is found to be in violation of registration requirements or commits additional offenses. When offenders are determined to be sexually violent predators, have more than one conviction, or were convicted of sexual assault, incest, or aggravated incest, they are subject to lifetime registration.

How to Get Removed From Colorado’s Sex Offender Registry

To be eligible for removal from the sex offender registry in Colorado, an individual must meet several criteria. First, you must have completed your entire sentence, including any probation or parole. Second, you must not have been convicted of any other sex offenses or crimes of violence since your conviction. Third, you must not pose a threat to public safety. Finally, you must have completed a treatment program approved by the Colorado Sex Offender Management Board (SOMB). Assuming you meet these criteria, you can then petition for removal from the registry. Here are the steps to take:

  • Speak with a qualified attorney: Removal from the sex offender registry is a process that requires navigating complex legal procedures. It is strongly recommended to consult an experienced Breckenridge Sex Crimes Lawyer who is knowledgeable in this area of law.
  • Notify the appropriate parties: Before filing a petition, you must notify certain parties that you intend to remove your name from the registry. That includes each law enforcement agency you are required to register with, the prosecuting attorney in each jurisdiction of those law enforcement agencies, and the prosecuting attorney who obtained your adjudication or conviction.
  • Prepare a petition: You will need to file a petition with the court that oversaw your original case. The petition should include information about your offense, your rehabilitation efforts, and why you believe you should be removed from the registry.
  • Attend a hearing: Once you file your petition, a hearing will be scheduled where you will have the opportunity to present your case to the court. This may include testimony from witnesses and evidence of your rehabilitation efforts.
  • Wait for the court’s decision: The court will review your petition and decide whether to grant your request for removal from the sex offender registry.

If you are granted removal from the sex offender registry, you may still be subject to other restrictions and requirements, such as community notification and registration with law enforcement.