FAC NOTE: The following was an article comment, posted by CherokeeJack, which was better suited as a post.
So Not sure where to post this but a lot of people including me had questions and now I have the answers from the lawyer posted on FAC site, Ron Kleiner. After speaking with him, he gave me permission to discuss the basics.
First I wanted to know what the cost was and I was dead on with my estimate, in fact I hit it right on the head. $10,000 (For his law firm anyway) to go before a judge on the 20 years off probation request to be removed from the registry.
He also stated what I already knew, there is no guarantee, and it also depends on the judge you get. He also stated the state is appealing that 20 year defense and trying to get that loop hole closed. He said by time I am eligible, it may or may not be done away with. (Again, even if the 20 year exception stands, there is no guarantee of relief)
I still have about 6 months before I can file and that was another question I asked, how far in advance do you file, he stated about 6 weeks before you are eligible based on the court dockets.
I forgot to ask if you get denied, if you can appeal that ruling, but I would assume that would cost even more than the initial payment.
I also asked since he was in South Florida, is that where I would go to court and he said no, He comes to the county in which you were sentenced for the hearing. I was assuming I was seeing the same judge that was letting people off after 20 years, but it can be different judges depending on where you were charged originally.
Additionally, if the 20 year rule stands, that would make things less stressful (Other than the cost).
FAC NOTE: The following was added by Ron Kleiner on 3/12/2023.
For all those who are considering petitioning to be removed from the Florida Sex Offender Registry, let me clear up a few misconceptions from the few comments that have been brought to my attention.
- I have been successful in about 12-15 cases in having people removed from the Florida Registry. All of the cases that we have prevailed in are based on the pre 2007 version of Fla. Stat 943.0435, which has the 20 year registration under state law, and compliance with Jacob Wetterling under Federal law, and not Adam Walsh act conditions. Jacob Wetterling has a mandatory 10 year registration period, with no disqualifying offenses. AWA conditions merged into the 2007 amendment which brought the minimum petitioning period to 25 years, but also brought with it AWA compliance, which for those of you with offenses that fall into tier 3 under SORNA, or in the enumerated conviction list in the post 2007 version of 943.0435, mean that you are not eligible to petition for life. That is the reason that our arguments are focused on the pre 2007 version of the statute.
I am very clear with every person with whom I speak, that arrests for any felony or misdemeanor are disqualifying. There are individuals who have asked me to take their case in front of the court, notwithstanding an arrest of this nature.
We recently prevailed in a very good opinion in Miami Dade county. and the state has chosen to appeal the ruling. We are hopeful to prevail again in the appellate court, and hope for the court to write an opinion on which version of the statute should be applicable to petitions under 943.0435.
I encourage anyone who is off sanction for 20 years and arrest-free to consider a petition in case the appellate court rules in the state’s favor and reverses with an adverse opinion. This will not only mean that those who are at 20 years must wait for 25, but that those with convictions that are not disqualified under the pre 2007 version, but that are disqualified under the post 2007 version, will NEVER be eligible for relief.
I also promise any person who petitions and does not prevail, that I will do their petition a 2nd time if/when they become eligible at no cost.
Anyone who has any additional questions is welcome to call me anytime at (844) RON WINS (844-766-9467), or to write me an email at [email protected]. I do not charge for phone calls or initial consultations.
Best luck and wishes to all.