Florida can’t move the finish line on removal.
A huge order came out of the 10th Circuit (Florida) in Polk County today. It’s extremely significant for anybody who is nearing the finish line and will become eligible to petition for removal under Florida Statute 943.0435(11).
Florida provides registrants only two opportunities to be removed from the State’s sex offense registry. The first applies only to Romeo and Juliet cases. The second is under 943.0435(11).
Prior to 2007, 943.0435(11) provided an opportunity to petition for relief after 20 years without subsequent arrest. In 2007, the State moved the finish line to 25 years and added a bunch of offenses that would render someone never able to petition for removal.
Today, a Circuit Court Judge ruled that the state can’t move the finish line. That alone, was a decision that is consistent with the same ruling judges in several other Florida Circuits have made, but what makes this one extra special is that the Judge expressly found the “2007 amendment to be punitive in nature”!
It’s rare and so refreshing when a Judge has the integrity to call things as they are.
A copy of the order (redacted, to avoid the petitioner the publicity he is trying to get rid of by seeking the order) can be found here
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I would like to provide you with some information on this. I am a registrant (1991 crime / 2005 release from supervision). I had been patiently waiting to petition the courts to be removed from the registry. I reached out to attorney Ron M. Kleiner to see about how getting the process started as at the time I was under a month before the 20 year mark and I know that it takes a few weeks to get a case in front of a judge.
Needless to say, what he told me was disappointing, but it’s not his fault, it’s just the system.
This was Mr. Kleiner’s response to my e-mail:
———————————
I can most likely help you if you are arrest free for the last 20
years – i see that your conviction is in XXXXXX, i also assume you
still live there.
Here is the situation right now in XXXXXXXXXX : We won a case a couple of years ago on the applicability of the 20 year statute. The State
has appealed, and i have been waiting since July for an opinion from
the 3rd DCA in Miami.
Judges are not hearing these cases right now until this appeal is
decided. I have several clients awaiting the outcome of this appeal.
Of course if the decision of the Trial court is affirmed, or if
affirmed with a written opinion, I would be more than happy to assist
you in getting your name removed from the registry.
I will keep your information and let you know as soon as the case is
decided in the appellate court.
Thank you very much for your interest.
———————————
I asked Mr. Kleiner which case was the one in question and it’s the one in this post. I will not post the name of the litigant / case number as if it was redacted here on the post and attachment.
Thought I would pass this along.
I finished my probation in 96. Never arrested for any crime since 1990 since my offense. This means I can petition to be removed? If so is there an offordable attorney? I am broke!
Persons such as Reformed would be advised to consult with Ron Kleiner on FAC’s attorney referral page. He is not free, however.
I was pretty bummed today when Mr. Kleiner told me that I’m not eligible for the 20-year registration ‘relief’ because my probation was not terminated prior to the 2007 statute that changed the period to 25 years. So, although I’ve been on the registry since 1998, I’m subject to the 25-year rule because my probation didn’t end before the time period was extended in 2007. Every time I think I can’t get more pissed off about this bs, it still happens.
I’m no lawyer, but It seems to me that (if you took a plea) making such a change would violate the plea agreement (essentially a contract?). The point being is that with a plea an individual and the state agree to a specific set of terms that are deemed to be mutually acceptable. I would think that the state unilaterally applying this modification would constitute a violation of that contract. Did Kleiner say anything about this?
The great Richard Gladden made a similar argument before the Federal Circuit Court of Appeals for the 5th Circuit and lost.
Just because the state imposes statutory regulations on you, does not mean it had to have been contained in a plea agreement.
And for many Florida registrants, the State of Florida was not even a party to their plea agreement.
No, he didn’t. Our email exchange was pretty brief. Clearly, the early termination rule that was in effect at the time of sentencing (or even more properly, the time the ‘crime’ was committed) is what should apply.
Ray and Jacob, thanks for the responses. Ray, I agree that the state shouldn’t be able to change the rules in the middle of the game, so to speak. Jacob, perhaps another test of this issue will eventually prevail. We can always hope.
Not even just a plea. Guys like me were arrested before the registry even existed in Florida. I did not even know about it and it did not even go into effect until the week I was released, how convenient, or as the Church lady on SNL says “Well isn’t that special”.
Nothing like retroactively “Re-punishing” people years after their offense occurred.
Reformed
Although if you have the money it is worth doing it. The only problem is there is no money back guarantee you will be granted relief. The judge has the final say unless a higher power from above intercedes.
Even then, I heard if you get denied, you can re-petition again 5 years after a denial. When it is my time I will be borrowing money from my 401K.
Ok. Maybe I can help some people understand what’s going on with this subject and maybe even help save them some money for even trying to get off registry. I got off paper in January of 2000 for a lewd and lascivious charge, adjudication withheld. In January of 2002 I got arrested for not reporting my new address in time, because I had moved residences, Adjudication withheld again. Wasn’t put on probation or anything, just paid a fine and it was over. All this in Hillsborough County by the way. So in January of 2020 my attorney and I go in front of Judge Wolf of Hillsborough county and he tells me that if I stay out of trouble , that means no arrests whatsoever, that I could come back in January of 2022 and be removed from the registry, because the ADA from the county didn’t challenge the decision. Well the 2 years went by, I stayed out of trouble, by the way the only time I got arrested again was the not reporting address change in 2002. So, January 15 of 2022 came around and we go in front of a new judge. I’m expecting this removal of registry to go my way because I stayed out of trouble with no arrest. Well now the ADA wants to challenge the removal because I got arrested in 2002. And so the judge adjourns for about 30 minutes to her chambers. When she comes back out, she tells my attorney and me that because the law states if the defendant is arrested for ANY reason whatsoever, doesn’t matter if it’s misdemeanor or felony, that it would void my petition for removal, no matter how long I am on the registry. I could be arrest free for 50 years, still can’t get off the registry because of that one arrest in 2002. So I hope I cleared up some questions for some of you. Maybe even saved you some money for paying for an attorney for trying. Unless you are squeeky clean, remain arrest free, is only chance to possible removal of Registry. I can say though, that judge did say to me, on record, she said in her own words, if there was any way, if she was queen of the world, she would release me from Registry today! But she has to follow the letter of the law.
So anyone who was arrested for their original offense, cannot be removed from the registry, is the logic here.
See now i dont know. I got taken in on a ftr but they dropped the charges filed a no information. Didnt get arraigned or even get to court or anything. They just filed a no information and that was it. Said it was so i can petition. I cant afford to lose money on trying. It was federal and only probation and off paper for 22 years and off my home states list and was never published anyway.
Gosh this is so just confusing. So i understand that a no information is pretty much a no crime committed BUT it was the corrections captain that input me into the offender database when i was taken in. I had airline tickets to my home the next day anyway. Missed the flight of course. Never saw a judge on this (just a first appearance thing) or got any order to do anything. Just got a no information after all that drama. Figured im on the list forever and just stayed. Never really had a “process “
So after reading and rereading the decision out of the 10th Circuit, the judge says, “It is therefore Ordered and Adjudged that the Defendants petiition is Denied Without Prejudice. So long as the Dendant remains arrest-free, defendant may re-petition for removal from the sexual offender registry after twenty years have passed since his Janauary 2002, CONVICTION ……”
So my question is this: Is it 20 years after conviction? or 20 years after sentence complettion?
20 years after all sanctions have been completed. Prison, house arrest, probation, parole. Once you are off paper, and 20 years have passed from the final sanction, you can petition for removal at the judge’s discretion.
Like judges that sentenced us, depending on what judge you get, depends on your chances. Supposedly if you get denied, you can re-petition at 5 years later, but that would be 25 years which is what it was changed to anyway. Still no guarantee even then.
I am eligible myself but don’t have the funds to do so.
I hear what you are saying if you read the ruling it’s say 20 years after conviction idk possible loophole
Tear
is that Florida or Federal or another state?
Can you send me / all of us that link where it says after conviction? If so I should have been off 13 years ago
It is up the article it was state court I believe 10th circuit out of Polk county
A ruling that said 20 years from ‘conviction,’ does not change the statute.
20 years begins after date of the conviction of the offense. Not from the date of release from a facility and not from sanctions due to fines. SATE OF CONVICTION.
Why isn’t FAC jumping on this???
I was told by the attorney FAC recommended and from a FAC posting that is starts from the day of the end of your sentence and all sanctions are ended. If it was just 20 past conviction I should have been able to apply 10 years ago. So which is it.
We cannot have dueling information here.
The ‘conviction’ language in the ruling does not change the statute.
Good point, if this is true probation time would be included for people prior to 2007. It says a chance to partition for relief but it still might not be granted so who wants to test this?
I’ll test it who was his attorney?
Law office of Ron M. Kleiner
It is 20 years after you are off paper, with no arrests in those 20 years whatsoever.
@Tony – true, but only if you became off paper before the 2007 statute change from 20 to 25 years. According to attorney Ron Kleiner (our recommended early-term guy), the finish line CAN be moved if it was moved while you were still on paper. This inequity between those who were released from sanctions before the change vs. those still on paper completely supports the fact that the registry is punishment. After all, are those who have managed to get through all of their sanctions less dangerous than those on probation?
I got off paper in 2003 and I had Ron, not eligible until 2023 per Ron even though my incident was in 1991, 33 years ago. I showed these post to Ron and he said that it is 20 years after you are off paper, but now it is 25 years and under dispute.
I now am waiting 4 more years for 25 in which time, some judge will move it to 30 years. It is called kick the can down the road.