In order to deregister as a sex offender in Colorado Springs, one must petition the court. This petition is an order to discontinue sex offender registration in El Paso County. Some sex offenses do not allow for deregistration in Colorado. Before taking further steps toward Deregistration, it is important to contact an experienced criminal defense attorney. A skilled lawyer can explain the full range of details that encompass deregistering in Colorado.
Petition for Removal | El Paso County Lawyer
Petition for Removal from Registry C.R.S. 16-22-113, states specific time frames that must be followed in order to deregister in Colorado Springs. Applying for an order to discontinue registration does not guarantee successful removal. First, a court order that allows for sex offender deregistration must be obtained. Following the guidelines are essential as failure to do so can result in Failure to Register as a Sex Offender. The time frames related to class of conviction and when you can apply to deregister are outlined below:
- Class 1,2,or 3 Felony = 20 years
- Class 4,5,or Felony or Class 1 Misdemeanor Unlawful Sexual Contact, or Sexual Assault in the Third Degree = 10 years
- Class 1 Misdemeanor not described above = 5 years
- Deferred judgment and sentence or deferred adjudication = after successful completion of the deffered judgment and sentence or deferred adjudication and dismissal of the case
- Under 18 at time of adjudication= after successful completion and discharge from a juvenile sentence or disposition
- Child Sex Offenses = never
The time frames discussed above are not always set in stone. Speaking with an experienced sex crimes attorney is the best option when applying to deregister.
Judge Impact on Deregistration | Colorado Springs Attorney
There are several items that a judge looks at when it comes to deregistering as a sex offender. Typically, input from four different entities are considered. First, a parole / probation officer will have compiled quite a bit of information about you and your behavior over the years. Second, treatment professionals will know details from your past and be able to assess your progress from the day you started through aftercare. Next, victims will be able to provide input as to how they feel regarding a deregistration. Finally, the prosecuting District Attorney will give feedback as to how their office sees removal from the registry for your case. With all of these factors present, the need for an expert criminal defense attorney couldn’t be higher.
Risk Factor and Deregistering in Colorado
One critical piece in trying to deregister as a sex offender is the offender’s overall risk to the community. Having a risk assessment completed prior to the hearing that comes out favorable can have a large impact on your outcome. Community support in the form of letters or those willing to attend the hearing and speak on your behalf is also helpful for your case. As defense attorneys, our goal is to compile strong evidence on your behalf that clearly states why you are a low risk to society. Even when powers that be attempt to justify community notification and the registry, a strong defense is the best antidote.
If you or someone you know is attempting Sex Offender Deregistration, contact the skilled attorneys at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.
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