After most any
sex crimes conviction in Virginia, the convicted will be ordered to
register as a sex offender for a predetermined amount of time. Lesser crimes may require registration
for several years or a decade, but more severe crimes could require lifetime
registration that is completed each year. Regardless of how long registration
is mandated, failing to register as ordered by the court can bring its
own set of serious penalties.
In many situations, the first time a person fails to meet sex offender
registration requirements, it is considered a Class 1 misdemeanor. Convictions
for misdemeanors of this category can include a yearlong jail sentence
and a fine of $2,500. Any subsequent failure to register will be considered
a Class 6 felony that could be punished by the same fine but a five-year
prison sentence. Failing to register the first time if convicted of a
serious sex crime, such as
sexual assault or
child pornography possession, is also considered a Class 6 felony. It will be a Class 5 felony if you
fail to register more than once after a conviction of a serious sex crime;
Class 5 felonies can be penalized with 10 years behind bars.
Taking the Initiative to Clear Your Name
Registering to a criminal sex offender list is a frustration. Some people
with busy schedules and distractions may understandably miss a registration
date. Matters become all the more troublesome if registration must be
completed more than once a year, and for the rest of the convicted individual’s life.
If you are in such a situation, the right choice might be exploring the
possibility of having your name removed from the registry, or reducing
how often you need to registry. In Virginia, a court will usually only
consider removing your name after you have already registered for a total
of 15 years without incident. 15 years is quite a long time but may not
be nearly as long as a lifetime requirement. To request a more lenient
registration schedule, you need to complete three years of registration
In addition to meeting duration requirements, you may also need to:
- Finish any counseling mandated by your sentencing
- Pass psychological examinations
- Pay in full any court-ordered restitution
- Prove you are not a “public safety threat”
The Law Offices of Daniel J Miller and our Virginia Beach criminal defense
attorneys are here to help you understand your sex offender registration
requirements, petition to be removed from the list, or defend your rights
if you are accused of missing a registration date.
Contact our firm today to set up a
free initial consultation with our team.