If you are currently registering as a sex offender in Denver, Arapahoe, or Jefferson County, have hope. It is possible to petition the court to stop registering as a sex offender. In fact, just last week, we filed a petition for a client and the court granted our petition. Our client was able to stop registration. During the hearing, the District Attorney objected to the petition, but the court granted our petition anyway. This gave our client relief from the harsh consequences of being a registered sex offender. In this blog post, we'll go through the details about the successful sex offender deregistration last week. [pullquote align=”center” textalign=”center” width=”100%”]Sex Offender Deregistration Hearings: What Judges are Looking For[/pullquote]

A Safety Net:

During sex offender deregistration hearings, judges will listen to the input of the following people:

• Victim
• Probation Officer
• Parole Officer
• Prosecutor
• Treatment Professionals
• Character References

As experienced criminal defense attorneys, we understand the importance of getting as many as possible of the people in this list above to support you in your decision to deregister as a sex offender. This is because judges don't like the decision to allow a registered sex offender to deregister to rest solely on their shoulders. If they have the support of key people in the case, they will have a safety net to fall back on if the person ever reoffends.

Public Safety vs. Constitutional Right to Privacy:

During the hearing, the judge weighs two different factors: A person's constitutional right to privacy, and the public's right to know if a sex offender lives nearby. In order to help a judge make a decision, our sex crimes attorneys understand the importance of illustrating how harmful registering as a sex offender is for our client. Some of the following things are ways we can show a sex offender's life is harmed by registering:

• Damaged Reputation / Social Standing
• Rude Neighbors
• Difficulty Finding Housing
• Difficulty Finding a Job and Providing for the Family

During the hearing, our criminal defense attorneys illustrate to the judge how our client's life is harmed by sex offender registration, and minimize the risk to the community by showing our client isn't dangerous to society. Let's look closer at how we accomplish this.

Showing Judges a Sex Offender's Low Risk to Reoffend

The court's decision whether or not to grant a petition to deregister as a sex offender is based largely on the offender's risk to the community in Larimer, Douglas, or Adams County. In order to illustrate our client's low risk to reoffend, we utilize the following key factors:

1. Risk Assessment Completed

Before we even go to court, we make sure our clients complete a risk assessment. This will give the judge the expert opinion of a professional regarding their risk to reoffend.

2. Community Support

It is also helpful to have community support of the petition to deregister as a sex offender. This comes in the form of letters or people present in the courtroom who can testify about our client's behavior and character. Having an unrelated mother or father present who can say they trust their own children with our client is hugely beneficial.

3. Time

If a person tries to petition the court to deregister as a sex offender only a few months after they are eligible, the judge is less likely to grant the petition. This is because they don't have any history to look at to determine a person's risk to society. If a person hasn't reoffended in 5 or 10 years, they have a lower risk of reoffending in the future. If you haven't been able to stay out of trouble (with both nonsexual and sexual offenses), don't waste the court's time.

Why You Need an Experienced Lawyer for Deregistering as a Sex Offender

If you are a registered sex offender and you would like to petition the court to deregister, contact an experienced criminal defense attorney at our law firm immediately. We can help you prepare your petition, and will attend the hearing. We know what judges and District Attorneys are looking for. Don't stand alone in front of a judge, the alleged victim, and treatment providers. Contact a skilled criminal lawyer to advocate on your behalf and obtain a court order permitting deregistration.

Request a Free Consultation

If your or a loved one wishes to petition the court to deregister as a sex offender, contact one of our experienced criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

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