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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Another massive sting was coordinated by Central Florida law enforcement. This and one other makes over 200 arrests in the last month.
https://www.aol.com/m/efe9fe2f-a16f-312b-a394-e673a3b31fc1/sheriff-s-office-reports-86.html
Ok – I was under the understanding that after SORNA in 2007 the lifetime without the possibility of asking for removal relief from registration was added retroactively to all offenders on the list regardless of when the conviction took place.
@R.R
A judge ruled that there had to be a path off of the registry. But so many loopholes have been added since then. In fact, there is a lawsuit pending about the 20 year rule being moved to 25 years. If the 25 year law stands, whose to say down the road the law makers change it to 30 and every 5 years say there is a path.
Once they make it 50 years after getting removed, all of us will be long buried in the ground, or so old we could care less if we are on their dumb registry.
I am happy to say that, as of yesterday, I was granted relief from the registration requirements in Florida and should have my name removed from the list by next week. I am deeply grateful to Ron Kleiner for the work he did on my petition and especially for his incredibly strong brief to the Court. If any of you are eligible to be removed and want to file a petition, you are not going to find anyone better to handle your case than Ron.
@BioI57
Congrats to you and Ron. Hope you drop back in the room occasionally to support the rest of us in our journey to freedom with some encouragement.
I’m not going anywhere until the entire registry is dead, my friend!
Well Said, I will do the same if or when I am removed.
@Biol57 congrats. I just reached out to Ron. My case happened in another state. I am seeing what he thinks he might be able to do. I am waiting on his reply.
Good luck!
Not happening
Congratulations
Thank you for bringing some hope.
Second degree sexual assault 25 years ago in RI. Zero brushes with the law since . Happily married over 40 years . We want to move to Florida
Leo
You have to have been off paperwork for at least 20 years but that is being challenged. They are trying to change it to 25 now and some have won on the 20 years and a few have lost. If you lose, you then have to wait until the 25 years and depending on your lawyer, have to pay a second time.
I am eligible but am waiting on the 20 year ruling to make sure I have the best chance for a win. If you meet the criteria, I can recommend a lawyer who is well known on this site.
So I’d have to wait another 15 years ? I was on the registry for 20 yrs . So your saying I only have 5 yrs off paper ?
The clock starts the day you are off paper and are free of any prison, probation or house arrest. From that point the earliest for now you can petition is 20 years. But like I said that is being challenged to change it to 25 but some judges are agreeing to allow you off at 20 years after you have completed your sentence.
So if you have been off probation for 5 years, you cannot apply for another 15 years. So if you move to Florida, do some research because out of the 67 counties in Florida, all 67 seem to have their own take on how to run a registry.
Some counties check on you a couple times a year and leave you alone otherwise. Other counties harass you and your family to the point you will want to move.
@Cherokee – Ron Kleiner told me that only those who were completely off paper before mid-2007, when the state changed the waiting period to 25 years, were eligible to get off the registry after 20 years. So, if Leo’s been off probation for 5 years, that means he was still on probation at some time after 2007, so he wouldn’t be eligible for the 20 year rule – he’d have another 20 years instead of just 15. If that sounds wrong, please ask Mr. Kleiner the next time you talk with him, because that seems kind of silly to me.
RAYO
Thanks, I think you might be correct. That is why I told the fellow to check with an attorney to make sure as each person and case seems to have some minor tweeks that could be different than another persons.
And if he still has 5 or 10 years left to wait, who knows what can happen between now and then. It could go either way, good or bad news. I have seen people who were removed from the registry in their state then moved to Florida and re-added for life.
Sick
Leo’s been off probation for 15 years
Leo please speak with a lawyer, a consultation is usually free to evaluate your case. But if you are 5 or ten years from being able to apply to get off, most will tell you to call back when you are closer to removal which is what happened to me.
Now that I am eligible, we hit a road block that has me on autopilot for now. (No fault of lawyer)
When can we expect a decision to be made on the 20 year rule,
And in what court, court case,and district was the rule being challenged?
Robert
According to the attorney, there is no time line. The court can sit on it legally until the end of time. A few people have convinced a judge to go ahead and let them off while this is being challenged, and others have been denied.
I had the decision to make and I did not want the risk so I am waiting. I cannot afford to lose that much money. If it is ruled invalid, I have to wait another 5 years, and who is to say then the courts won’t change it again to 30 years, kicking the bucket down the road?
If they do not want to end registries, why not at least give a reasonable path off for those who have proven themselves. Otherwise, they will find a way to somehow violate us (sounds like probation) and get us back on paper.
what part of Florida you reside?
Why has no one fought that a crime has a maximum sentence.(Second degree felony 15 year). So being punish beyond 15 years should be illegal making the registry illegal once you are past the max sentence for the crime.
I love these comments & reviews on sex offenders updates. Keep us “currently” aware!
Hello I was curious how Florida Handles Attempts because some states seem to drop them to a lower tier or make them more qualifiable. I have a
Sexual Battery by Adult on Adult
Victim/Injury not likely F.S.
794.011(5)(b) (ATTEMPT)
No sex Involved was a alleged Breast Grope outside of the shirt if you can believe that. 3rd Degree. This occurred back in 2010 can I ever petition to be removed?
Thanks