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 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.

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.

Now that the Second DCA en banc in State vs. Crose has confirmed that an offender on probation is not subject to 943.0435, its time for someone who registered while on probation and has completed their sentence over 25 years ago, to ask for removal by arguing that the registration period on probation should count toward the 25 years since they registered but were not required to do so.

Answer to question 1: It depends on whether you are still required to register in the state of conviction and what your original offense was. If you are still required to register in the other state, you will be required to register in Florida. Also, if your offense was similar to Florida offenses that do not permit removal, then the answer is no. Also, if you are classified as a “sexual predator” under the laws of Florida or the laws of another state, the answer is again no. However, if you are no longer required to register in your state of conviction, are not designated a “sexual predator,” did not commit a “more serious offense” (for lack of a better term) that prevents removal in Florida, have not been arrested since release, and at least 25 years have passed since release (which in Florida means the end of probation or any form of supervision if it followed incarceration), then the answer is maybe. If you’re in the “maybe” category, consult a lawyer as the law is about to change for those with out-of-state offenses.

Answer to question 2: No. Florida does have tiers per se. However, in practice there are (sort of) three levels of registration. Those designated as “sexual predators” must register every 3 months for life. Those designated as sexual offenders who committed a “more serious offense” (again, for lack of a better term) must also register every 3 months for life. However, persons designated as “sexual predators” are subject to some restrictions and burdens that “sexual offenders” are not. Finally, those who have a single conviction for a “less serious offense” must register every six months for life, but this is the group that has the possibility of removal once 25 years have passed from release provided they have not been arrested for a misdemeanor of felony offense since release. Florida does not use a risk-based system; everything is based on the offense or offenses of which the person was convicted.

In Florida, all registry violations under state law are third degree felonies save one: failing to report to the sheriff within 48 hours of not leaving the state once out-of-state travel (i.e., a permanent or temporary address out of state) has been reported. Why they chose to make this a second degree felony when all other registry violations are a third degree felony is beyond me. Maybe the extra possible 10 years in prison are for inconveniencing the other state (who knows…)

Under Federal SORNA, a first violation has a punishment range of 1 to 10 years in prison, unless there are aggravating factors. If the failure to register under Federal SORNA involves the use of a firearm or commission of a violent crime, the violation carries a potential maximum of 30 years in prison. Under Federal SORNA, the registration violation must occur during the individual’s required registration period, which is 15 years for Tier I offenders or 25 years for Tier II offenders (Federal Tier III is life if the conviction was as an adult) from release, which is defined differently in Federal SORNA than in Florida state law.

This depends are which part of the statue you violate. Not Every Failure to Register is a second degree felony. Most are 3rd Degree.

Unfortunately, the statute says that there can’t be any arrests. It doesn’t say you have to be convicted or even charged so, while I hope that someone challenges the “arrest” part of the statute, that is currently the law. That said, I was fortunate enough to fall under the 20-year rule and was blessed to find Ron Kleiner who successfully petitioned to have me removed from the “List”. I would encourage you to reach out to Ron and ask his advice. I will tell you that before we petitioned under the 20-year rule, Ron told me that if we were denied and the Court said that the 25-year rule applied, he would re-file and represent me at no additional cost for the hearing.

I had one but it never even made it to arraignment, the county filed a no information. Never even made it to plea or anything. They didn not pursue the case at all. How is that even looked at. I was never even indicted and they dropped everything. I cant get off?

Law office of Ron M. Kleiner