Member Submission: A few FAQs on the process of removal from Florida Sex Offender Registry
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.
RMK
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JJJJ…..your information is not correct, the 20 year rule is not for just Romeo and Juliet cases.
At the moment there is NO “procedure for removal”. As it stands right now, those listed (with very rare exception) are there for life.
Your odds of a random petition being granted are always less than 50-50 and realistically actually much less.
The lack of a way off of the Florida registry is one of the major problems being registered in Florida. Don’t be fooled.
@ Sex Offender Truth:
Re: “As it stands right now, those listed (with very rare exception) are there for life.”
Not exactly true. A good number of dead people still populate Florida’s registry.
Does the loophole of being arrested,even if no charges are filed, still factor in being denied removal?
Andrea
What is weird, last year someone typed that they got off the registry even with another arrest. Like all cases, the judge you get can be life or death sometimes. When I was sentenced I could not have gotten a worse judge if Charles Manson was on the bench. When I finally won my appeal years later to get the rest of my sentence thrown out, he did not say a word the entire hour of testimony by the prosecutor, the probation officer, my lawyer or me.
Once everyone was done speaking he slammed the gavel and said Effective immediately I hearby release you from the remainder of your sentence. I was hoping he would still be on the Florida supreme court but he retired.
Yes. You don’t have to be convicted. Just arrested I believe.
Here is another little tidbit that may help in certain circumstances, but not all: if your case was prior to October 1, 2004, you may be eligible for a certain type of relief based on where you can live. The residency restrictions by state law would not apply to you anymore. The main drawback to this is that local ordinances apply. So if you lived in a county that only uses State guidelines you can pretty much live wherever you want but you need to verify with the detective in charge and maybe even get a court order stating that you can do this. Generally the sheriff’s office will work with you but you do have to notify them that your case was prior to 2004. No city or county ordinances can be in place in that area you want to live in order for this to work. So you do need to do your homework. If you need an attorney for it it will probably cost you between $5,000 and $10,000 to go to court. Make sure you get an attorney that specializes in sex offenses. You probably could simply send a notice of intent to the attorney over the sheriff’s department and then wait for his response. If they don’t agree with you then you probably need to go to court. If they do agree with you then you will probably be okay. I sent a letter asking the sheriff’s office attorney and they thought that I was asking for legal advice which I was not. So be careful in your wording. If you are living in an oppressive county maybe this is an avenue for you for a better life where you can live pretty much wherever you wish within the county that has the proper laws for you to do so.
Florida has 67 counties and from all the drama people on here tell me of (By the sheriff’s or local police dram not by the registrants) rules are no where near being standardized. When I first was released from Prison I was in Seminole county. It was a living nightmare. I had city police, Sheriff’s deputies and FDLE agents coming to my house at least twice a week and sometimes more.
Once I got off probation, I moved to another part of Florida and have for the past 19 1/2 years no problems with law enforcement, only neighbors. And the neighbors meanness actually didn’t start from registry but once Nextdoor launched. Since that happened I could write a book on the incidents that have occurred. So many that I have stopped doing police reports since nothing is done anyway.
If I get removed from the registry, I will not move as I like where I live, just not some of my neighbors who liked me until I got outted. Then I was suddenly a monster? A monster who had never been arrested before or after that day in 1991.
But it should be stated that a great many of us are NEVER eligible to be removed – whether 20 years has elapsed or 200 years! 🙂
The 20 year thing is for those with “Romeo and Juliet” cases.
JJJJ
I think you might be wrong. My case was not a romeo and Juliet case and he is taking my case. You should contact him and clarify for yourself. I am guessing he looked at my case but maybe I am wrong. He told me Anyone who has gone 20 years without another arrest can petition. I would be awful ticked if the judge said I was not eligable after paying $10,000 (Which I have to borrow off of my 401k) and pay back.
I am going to send an email to him ask about your concern as he did not mention that. He seems to be very knowledgeable in this ruling. But thanks for bringing that up.
I will update with his answer
Good luck. I understand that some have succeeded but my petition failed. The judge already made up his mind before we showed up to court. The prosecutor didn’t bother to show up in person. Mr. Kleiner did a great job and put forth his best arguments but they fell on deaf ears. We can try again in 5 years if the law isn’t changed to prevent it. I will probably end up leaving this state, and probably the country.
JJJJ just got off phone with Attorney Ron Kleiner after you posed this statement and the good news for you and others, is you are incorrect. He said almost anyone who has gone 20 years without a new charge can petition under a ruling that is under review but for now still stands. In fact he said if the ruling goes badly, then I might not make it before I am eligible in August. But, if the ruling goes well, everyone can petition after 20 years. But for now I still can petition and if I get denied, and the ruling goes our way, I can get off with the new ruling. (If I get approved before the ruling and the ruling gets denied, I forgot to ask him what happens.
I thank F.A.C for posting this lawyer. He always takes my calls if available and is very polite but straight forward. He has been successful in numerous cases and think he is the best shot. $10,000 is a lot to lose but if I do get denied, I do not think it would be his fault.
He did tell me of a case (no names mentioned) of a guy who got of the registry and somehow the FDLE forced him back on due to SORNA.
Regardless, even though everyone and their cases are different, we are poking holes in the system and lighting fires under judges to start seeing the injustice of double jeopardy delusions.
If your case fits Romeo & Juliet, you can use it immediately – not x years later.
Anyone reading this must know that the 20 year rule does not apply to everyone on the registry. Some people can NEVER be removed — even if they have never reoffended in decades. That is part of SORNA, the Federal statute, not just in Florida. So, be sure you qualify before you spend time on this.
If the lawyer who is an expert on the matter doesn’t know, we are all doomed. My charges are from 1991.
This is all interesting but 20 years from what? And what does the SORNA law say that would be contrary to Florida law?
I’m curious about that as well.
Greetings….
Would you please explain which offenders would not qualify to be removed?