In a 4-3 decision, the Colorado Supreme Court has ruled that a criminal defendant was entitled to his request to de-register as a sex offender because he completed the terms of his probationary sentence and therefore no longer had a conviction under the law.
Brian Keith McCulley pleaded guilty in 2000 to two counts of sexual assault. One of the charges, a misdemeanor, resulted in 60 days in jail while the other, a felony, carried a deferred judgment. In Colorado, deferred judgments allow for completion of probation lasting a period of months to years. If the defendant satisfies the conditions of probation, the court dismisses the case.
This never should have had to go this far! Living in Colorado, a deferred sentence is the best you can hope for and should be what ALL SO offenses should be. It is a valve to let those who walk the line be released from the oppressive constraints of registration. Lifetime registration is a lifetime sentence of fear, shunning and shame.
My family with Gods help, put itself back together. My daughter forgave me in a stunning therapist session asked me to walk her down the aisle to her soon to be husband BEFORE I got off probation. I continue lifetime registration now waiting the day when the grand kids find out what papa did to their mother or aunt.
I thought the Colorado had a system that permitted you to be removed from the registry after a certain time. Is that incorrect?
Joe – I’m in CO and to the best of my knowledge (until today) the law was any felony convictions was now lifetime. This article got me looking at the ways to petition the court and I found this https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=98 which seems to indicate to me that there is a process for being removed even with any F3, 4 or 5 convictions. No guarantees, but there is a process. I’m starting to think I need to file a petition and see what happens.