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Posted by / 09-Sep-2017 12:30

Must "conform to and obey the laws of the land." § 4852.05. Certificate of rehabilitation: "The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land." § 4852.05. See § 16-17-103 ("A pardon issued by the governor shall waive all collateral consequences associated with each conviction"). *Registration period runs from release from custody (if level V custody) or effective date of sentence (level IV custody or below). Tier II/III misdemeanor offenders where victim was not under 13 (if offender was 18 or older at time of commission) may petition for relief immediately. Tier I offenders may petition for relief 10 years from last day of Level IV/V sentence, or from the date of sentencing if no IV/V sentence imposed. Tier II/III offenders may petition for redesignation and eventually reach a Tier I designation, though certain waiting periods and eligibility criteria apply. Unconditional pardon relieves registration obligations.

Removal from website: Mandatory for listed offenses if designated as low/moderate-low SARATSO risk level. Collateral relief order not available for sex offenders. Pardon may relieve registration requirement but no authority directly on point. Such offenders with level I risk assessment may petition for relief at any time. Non-sexual kidnapping of minor: May petition for relief immediately. Physically incapacitated registrants, those in a nursing home or permanently disabled may petition for relief immediately. Discharge following first offender deferred adjudication provides relief from registration obligations. See pardons-restoration-rights. Certain less violent offenses: No prior conviction for sex offense/distribution of obscene materials to minors.

Juvenile offenders: Court considers "whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior." § 16-22-113(1)(e). Must have completed sentence and treatment program. Employment/proximity: Clear and convincing evidence that offender does not pose threat to children in day care facilities. Sealing or expungement of conviction appears to relieve obligation to register. Life/10 years (from later of release from incarceration/placement on community supervision), depending on offense/SVP status/recidivist status. Court may consider nature of offense/employment and any other criteria. Residency: Court must find "by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future dangerous sexual offense or that the sex offender is not likely to reoffend." § 15-20A-23(g). Pardon may relieve but no authority directly on point. Offense committed under age 18 (juvenile adjudication or conviction): Discretionary termination by court after successful completion of probation.

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Youthful offenders: Court may consider factors including recommendation of probation officer/prosecutor, testimony of victim/victim's family. Early termination only available upon reversal of conviction. § (3) (registration required "regardless of whether the judgment was set aside under § or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency").

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