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
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
I was told I could not get off probation and I did.
I was told I could not get out of prison after getting in a fight, but I did.
I was told as a sex offender I could not get medicare, but I did.
I was told as a sex offender I could never get a good job, but I did. (I am no longer able to work due to my health.
I was told I would not win as the only person in the U.S to Sue General motors without a lawyer and win, but I did. (Lemon law case).
I was told as a registered person I would most likely be re-arrested, but after my first arrest ever, I still to this day have not been re-arrested, 32 years later. (Came close though but believe it or not, the FDLE sided with me, shocker) And a lot of prayer.
There is a verse in the good book that says “All things are possible with God”. Does that mean I always win and can never have a bad situation? Not even close. But I endure and keep the faith.
I had Ron Kleiner represent me 3 or 4 years ago, at the time it was $7500 , which I guess was at the time was a super buy, but what waste a of money, one or two pages was submitted in St. Lucie county, got denied because I had a pot charge in 2008 . my conviction from 1991.. I hope that one day or year, that Florida changes there Evil and wicked legislations….
For over ten years I have known the timeframe to be 25 years, not 20 years. Am I missing something?
When I was sentenced to county jail in 2002, the time to be on the SOR was 20 years. And from what I understand, Florida can’t move the finish line. So it all depends on when you were sentenced. It sounds like you were sentenced when the 20 years changed to 25.
What if your case happened in another state. Florida didn’t charge me. I been wondering about those whose case was out of state.
I’ve been down this road already. The state will absolutely pick and choose what they want to use to keep you from being removed. Even of you have the 25 years now required since completion of all probation. They will still use parts of Sorna that are not even part of the state requirements to keep you from getting off. My case was from 1993. They used one failure to register over 20 years ago to deni my petition. The judge look over my case and in her words said, I should have never been on it and wanted to remove me. But was unable to do so because of that one violation.
I spent 20 minutes in front of a judge and burned $10,000 so yeah. Be real sure if you use Ron you should know the odds upfront.
I got no reoffences yet that one NON PUNATUVE violation cost me what will probaly amount to life on this dumpster fire. Unless the laws change. I’m forever stuff. I’m a true expose facto case. They screwd me from start to finish.
Pariah
You just admitted you had one violation. Ron was VERY specific with me if I have had any violations or arrests since getting off probation to not even bother. And, he was also upfront that A) there are no guarantees and every judge is different, and B) He said He has had several successful wins.
There are zero guarantees and I know that. Even if I win the $10,000 has to come from somewhere. I have to do a loan on my 401k. I haven’t worked since 2014.
Im so lost now. Guess i had an arrest for a FTR but the state filed a “no information” and never even got charged with anything nor an arraignment. Was told that doesnt count. Im off my homestate ( never public anyway) but stuck here in fl on this damned list. It was a federal case in 1996 and all was ok until i came here unbeknownst. I came here in 2005 ish. Wasnt even living here fulltime yet.
Ok. And your pont is? Ron knew I had the violation and took that 10k no problem. I know it was not a sure thing. But he said I had a good Chance because of others in the exact same situation that had success. So im not bashing or praising Ron. He’s a good attourney. But if you have any arrests or Violations. I wouldn’t waste my money. It’s not going to happen until the law changes.
I spoke to a JA to a judge and she said that it will difficult to find a judge that will let you off. It could interfere with their re-election because they are now sex offender friendly and when it comes time to run again, that will be fodder for the challenger to use.