In Georgia, individuals who are sentenced to register on the state’s Sexual Offender Registry are, in essence, given a lifetime sentence of registration requirements and draconian work and residence restrictions. Fortunately, Georgia law also allows individuals to petition to remove themselves from the registry requirements in certain situations. For example, if an individual is

(1) Confined to a nursing home or hospice facility;

(2) Totally and permanently disabled; or

(3) Otherwise seriously physically incapacitated

that person can petition Georgia courts to be removed from the registry, as long as they are not currently under sentence or probation. O.C.G.A. 42-1-19(1)(A)-(C).

However, the vast majority of Georgia registrants don’t fit within those categories and, as a result, their path to successfully removing themselves from registry requirements is a bit more complicated.

Most Georgia citizens will need to utilize O.C.G.A. 42-1-19(4) which requires that a Petitioner will have completed all prison, parole, supervised release, and probation for the offense which required registration. However, if a petition is filed pursuant to 42-1-19(4), the law demands that either

Ten years have elapsed since the individual completed all prison, parole, supervised release, and probation for the offense which required registration O.C.G.A. 42-1-19(c)(2)(A); OR
The individual has been classified by the Georgia Sexual Offender Registration Review Board as a Level I risk assessment classification. O.C.G.A. 42-1-19(c)(2)(B)

Only one of those requirements must be met. However, if a petition has not previously been leveled by the SORRB, the court can order such a levelling be done as a part of the petition process.

However, even if a person can satisfy the requirements of O.C.G.A. 42-1-19(4) and O.C.G.A. 42-1-19(c)(2)(A) or (c)(2)(B), there is still one more set of requirements that must be met.

O.G.G.A. 17-10-6.2 governs the punishment for sexual offenders and allows for sentence deviations in certain circumstances. For individuals seeking to remove themselves from the sexual offender registry via O.C.G.A. 42-1-19(4), the court must also find that

The individual has no prior conviction of a sexual nature
The individual did not use a deadly weapon during the commission of the underlying offense
There is no evidence of a relevant similar transaction
The victim in the underlying case did not suffer any intentional physical harm
The offense did not involve the transportation of the victim and
The victim was not physically restrained during the commission of the underlying offense

Outside of a few narrow and specific exceptions, a person must meet all of the above requirements in order to successfully petition a Georgia court to remove themselves from registration requirements. The process can be daunting and one should certainly seek the advice and assistance of an experienced law firm to help navigate the process.

If you have any questions regarding the Georgia Sexual Offender Registry or if you wish to petition a court for removal from the registry, don’t hesitate to contact Davis & Jones, Attorneys at Law.