Colorado Sex Offender Registration laws are among the most confusing laws on the books and the consequences for violating them are severe. The Colorado State Legislature says these laws are not punitive, but are there for public safety reasons. These non-punitive laws continually change and are becoming more restrictive. They are usually retroactive to include all sex offenders, regardless of when the person was convicted. I personally believe the public safety rationale has been used to get around Constitutional issues. Although public concern over sex offenders is understandable, the way in which these laws are applied leaves the door open for governmental abuse.
If a person pled guilty to a class 4 felony sex crime in Arapahoe County fourteen years ago, he was told he could petition the court to discontinue registration requirements ten years after being released from supervision. The deal was certainly done informing the defendant there was a light at the end of the tunnel. The defendant weighed her options and decided not to go to trial thinking she could deregister someday. Since then, defendants in Denver or Douglas County are now realizing the rules have been changed after their deal. Under the false assumption they paid their debt to society in full, many of those convicted of sex offenses are beginning to petition courts in Weld, Jefferson, and Kit Carson County to discontinue sex offender registration. Surprise! They are now learning they must continue to register as a sex offender for the remainder of their lives. If you are one of those people, I’m sorry to say, you should not expect a large public outcry to this injustice.
There are still circumstances in Colorado when a person may petition the court to deregister. However, it is important to know, petitions are not automatically granted, and the process is tedious, frustrating, and time consuming. Additionally, you should not expect any help from the courts, DAs or police.
The O’Malley Law Office, P.C. has successfully filed many petitions for sex offender deregistration. We understand who may legally file a petition, and what judges are looking for to approve your request. We also know how to work with the parties that will have an input to your petition. District Attorneys, former probation officers, and your victim will all get a say. Part of our job is to help them see why your petition should be granted. If you register as sex offender and are ready for a change, we call and talk with us about your particular case at 303-731-0719. We understand your situation and are ready to help. Together, we can protect your future.