If you have been convicted of a sex crime, you may have been ordered to register the Virginia state sex offender registry. Registration can have social, economic, and other consequences for offenders, so many people want to know how they can get relief from registration. Below, we cover the legal process of having your name removed from the registry database.
Removal of Name and Information From the Registry
The Code of Virginia § 9.1-910 provides a way for sex offenders to have their name and identifying information removed from the registry. There are several restrictions and eligibility requirements that must be taken into account when petitioning for removal.
Individuals Restricted from Removal:
- Those convicted of a sexually violent offense.
- Those convicted of two or more offenses requiring registration.
- Those convicted of murder.
Eligibility Requirements for Removal:
- Have been registered for a minimum of 15 years (25 years for specific offenses).
- Have completed any court-ordered counseling, treatment, and restitution.
A petition must be filed with the circuit court in which you were convicted or in the circuit court of the jurisdiction you live in to have your name and identifying information removed. The court that was petitioned will hold a hearing to evaluate the petition and any evidence presented by the petitioner and any interested parties. If the court determines that there is enough evidence that the petitioner is no longer a risk to public safety, the petition will be granted, and the identifying information will be removed from the registry. If the petition is denied, the petitioner must wait 24 months before submitting a new petition.
Get Help with Your Sex Offender Registry Removal Petition
Removal from the state sex offender registry can free a person of the stigma of registration, and lift the restrictions they have been forced to face. At The Law Offices of Daniel J Miller, we are committed to protecting the rights of those convicted of sex crimes. Helping our clients find relief from registration is one way we strive to restore our clients’ rights. Backed by more than 15 years of experience our Virginia Beach sex crimes lawyer can help you reclaim your life.