Person ordered removed from Florida Sex Offender Registry
Finally, some great news to report.
A person (note: no longer a “person required to register as a sex offender”) has been ordered removed from the Florida Sex Offender Registry.
Florida Statue 943.0435(11) contains a provision that says, an individual “shall be considered for removal of the requirement to register as a sexual offender” if they meet certain requirements, including; it being at least 25 years (formerly 20) since they were released from any sanction, have not been arrested for any other crimes, and meet a qualifying offense (not limited to Romeo and Juliet).
Attorney Ron Kleiner was successful in obtaining this relief on behalf of one of his clients, who will now become a “person” again!
If you feel you might qualify for relief under this provision contact your attorney, or for more information write to [email protected].
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FAC, would it be possible to post the offense date and punishment imposed on this individual?
Please correct me if I’m wrong but the 1997 statue did not mention any duration of registering. I believe this 20 year provision was added in 1998. My offense date is April of 1998 so I think I would be subject to the 1997 statue. If I’m not mistaken, the federal law was 10 years in 1997. Does anyone have an opinion on what this might mean for individuals in my situation?
To all,
I understand that Florida adopted the “registry in 1996”, and since then has moved the time you can petition to get off the registry every couple of years since then.
I, like everyone else wants to be off this damned thing YESTERDAY. In another thread FAC has posted the years that all of the laws were changed/amended.
The “time limits” START when you are finally off ALL probation (minus the 1-3-6-12 month checks).
The information is in the FAC files. Please look them up. FAC is limited on funds and resources to track down threads that you can research for yourself.
FAC CANNOT AND WILL NOT GIVE ANY LEGAL ADVICE. They (FAC) has posted on many different threads, in many different areas, what the dates were that the laws were changed, restrictions added, for the State and several different Counties.
Seeing that most of these posts are asking for some kind of “legal advice” (ex. i was in 97.. I got off in 2007; what about me–I was convicted in 2005…..) That FAC has repeatedly said “contact your attorney”.
I would suggest that BEFORE YOU POST, Please READ the posts in the thread before your’s, you will probably get your answer from that.
ALSO, seeing that FAC CANNOT give ANY legal advice, and thru their commitment to the “community” they are posting the LAW– they advise you to contact an attorney.
WE NOW have an attorney who will look thru your case for consideration, and by my talking to him he will not charge you until he accepts your case. This is the same attorney who WON this case that this thread is about.
Atty. Ron Kliener
(954) 540-0170
He will be better off giving you better advice than FAC.
(it is just getting redundant to see the same kind of posts, day after day)
I know you want off “this list” just as bad as I do. GO to the attorney, he will talk to you. You will get what you need as far as info goes.
FAC CANT.
Sean
Thank you for the good information I always appreciate your input. But not everyone here is asking for legal advice . The SOR laws are so complex and contradictory from state to state nobody seams to have a solution to figuring out how to make sense of or any harmony between these laws and restrictions. By hearing others personal delemmas were better able to try and find the path that’s right for us individually. Please don’t try to squash dialogue.
All comments help to reaffirm our convictions to fight this evil.
To Sean:
Yes I would like to point out that yeah some of us are seaking legal advise but we shouldn’t have too the system was set up by the government and none of it is uniform so how come other laws like stealing or murder or anything that is illlegal almost the same in any other state ? But sex offenses aren’t ? So my opinion is that yes we need legal advice and I would like to talk to your attorney, but I know it’s going to be a lot of money, that I don’t have , so again the laws here are basically being a federal sanctions so the smart office is the one who give the other states their grant money to put the sex offender registry and laws into affect so how come the federal court or government can’t step in and make this all the same ? I’m not gripping at you just asking if anyone feels the same , and the smart office is rubbed by the FBI , but try emailing them and watch what kind of response you get , this what I’m saying we live in the United States so the laws should be united and if you got you case in 1997 or if you got it in 2007 then what ever was the sanctions during that era then that’s what we should be under no other crime do they do a retroactive change to the law and get away with that, so why should Sex crimes be that way ? I understand that some sex crimes are worse than others and I also know that not all of our victims are 16 but I keep getting told that this is not a federal problem but I disagree, if you move from the state you are convicted from and the other state makes you do what that state has for that law and the sanctions are far worse than the one you got from the original state, then yes the federal government should step in and make it the same. I’m saying is that I can go and get convicted for murder and do my time get out do parole. Move to another state and be done with it but us on the other hand we have to relive this twice a year for the rest of our lives. Their is no uniformly is the sex laws. I’m sorry but this my way of venting cause I’ve been dealing with this since 1997. So please excuse me. Ok and thanks
Donald,
I am not trying to be a “patty Party Pooper”. You just cant write a letter to the FBI and say…
Hi. Im Sean and I would like to be taken off the sex offender list in Fla.
You would need a letter from an attorney costing thousands of dollars; multiple pages
And Donald, I am far from rich…. I make $1,100/month and pay a mortgage, plus meds for my Stage 4 COPD.
I have $1K saved. I have till 1-2020 or after to get the amount of $10K.
And again, the “CLOCK FOR CLEMENCY” only starts after you have been off ALL TYPES OF PROBATION.
NOT date of arrest, or date of conviction.
This is just for Florida.
Sean D,
It does NOT go by your “offense date”, It goes by the date that you completed ALL of your probation, house arrest, therapy and any other legal restriction they put you on at the time of your sentencing.
I was arrested 4-94, plead out 2-95, and was off all paper in 1-2000. THAT is when the clock starts. Mine is a 20 year wait.
You are correct
What if you did your time and got out in December 2015, no probation, no paper, nothing?
Gary,
I only know of what I know about myself.
For a much more concrete, definitive answer, PLEASE CALL
Ron Kliener 954-540-0170
It did mention 20 yrs in 1997. You could be removed also if you had your civil rights restored, but they changed it in 1998 to a full pardon. When the launched the website the had the word DANGER! in capital letters and sirens flashing around my head. It was quite traumatic and brutal
Kenneth, can you provide a link to that information? I can’t seem to find any info on duration. The ex post facto lawsuit mentions that the 1997 statue was silent in regards to the duration of registering.
Hi all I just look up this wettering act and Florida has done what my state did to me so I’m am so screwed but I have provided Florida with a court document stating that I am no longer required to register but Florida says no. • A person who resides in Florida and who has been designated a sexual predator, a violent sexual predator or another sexual offender designation in another state with requirements to register or be subjected to community or public notification in that state is required to register as a sexual offender in the state of Florida. Only when the person provides FDLE with a court order issued by the court that gave the designation as a sexual predator or sexual offender which removes the designation and provided further that the person does not meet the criteria for registration as a sexual predator or sexual offender in the state of Florida, will the person’s requirement to register be removed. I did this and I’m still on the damm thing. And this guy gets off!! This is bind justice for sure. I have documents showing that I should of never been on the registry at all but hey I did it but this is crazy.
This person no longer met the requirements for registration in Florida.
If you feel you no longer meet the requirements, please contact your attorney.
Donald
I can sympathize with your frustration. I too was removed from the registry in 2007 from my offending state of Kansas with a letter stating that and that I am no longer required to register . But I now live in Missouri which has different laws and different requirements as to who has to register. I was listed with a misdemeanor offence in Kansas but at some point Missouri changed there laws making it a felony with a permanent registration. Ex post facto they say it applies to me even though ex post facto laws have been repeatedly struck down in Missouri courts. I’ve hired a lawyer but so far he hasn’t figured out how to get it back to court to challenge it.
Just wanted to add one of the reasons Missouri listed it as a felony was because Kansas had closed the books on the case they couldn’t get any details. So they had to make up there own.
Yes I too got the same but mine was a felony a class c felony but they don’t do class a , b, c,or d any more it’s tier 1-3 ( I think )
But what I am arguing about is that I was supposed to be removed from the registry prior to me moving and if that would of happened I would not have been required to register here. But I am giving up. I have just no more fight in me. Let alone the same offense that theses youngsters are getting and not having to register for their sex offense is the same as what I got hit for. Thank you for responding
Donald, you should contact your attorney or if you don’t have one, give Ron Kleiner a call and see what he says. A phone call for some feedback couldn’t hurt.
Let us hope this is one of many. But 20 to 25 years is preposterous. It should be once you finished your sentence and all the conditions of your sentence are met. Then you can petition the court or better yet it become automatic.
I agree Mary and thought the same. I finished my probation (released early) on all of the conditions including therapy. The courts always look to see if you finish the therapy successfully and therapy people always give the ” ok ” and say to the courts: this person is not a threat or danger to himself or to the public. Well, if I’m not a danger and released from probation, why do I still have to register for life as if I’m still a danger ? Nothing but a catch-22.
Agreed.
Agreed as well. That would be ideal.
MARY, you are incorrect! there should be no hit list period!!!
Hey all first time poster. So if he argued you cant move the goal line what about those of us pre 1997 that fall under the Weltering Act that said ten years
There is a lawsuit challenging that presently in the Southern District of Florida.
Welcome Tearful Eagle,
You have to be “off all paper”, in other words no probation. Monthly checks and 3-6 month checks dont count.
Age of “victim” over 13 yo.
NO further arrests since being off probation.
In other words, You have to be squeaky clean since being off probation.
I spent 20+ minutes talking to Ron Kliener. He isnt the type to talk over you, he listens. He doesnt care what you were accused of, he just wants the law to be brought “to heel” and that the lawmakers cant just move the “goal line” every couple of years. There has to be an END to this.
I am VERY confident in this guy Atty. Kliener. I am starting to save my money!
I KNOW that there are no guarantees in a court of law, but this is the best I have felt about this in decades.
Thank you for the welcome. Offense was before 1996. Been off paper since 12/2007. Time of my offense there was no Florida Sorna only law governing me was Weltering Act. 10 years and was in the Federal registry because Florida didnt have one. 2017 should have been my Freedom year. Tiny cracks shatter the glass. This victory is that crack. There has to be more out there like this victorious person.
Not following, Tearful.
Florida had a registry in 97. Anyone who was on probation at that time is on the registry.
I guess my point was this. Since my offense predates the registry in Florida when i was sentenced I was placed on the only registry possible which is the fed one unless i am mistaken. My question really is due to me falling under the Jacob Weltering Act shouldnt that be what I am held to? Intead Florida comes up with the first gen laws in 1997 which said I have to be on for 10 years after probation. That eneded in 2007. So 2017. Then in 2007 they moved the finish line on me to 2027. Then they moved it again to 25 years the to life.
If the argument for the person who got relief is that they moved the finish line should that apply to all?
You are mistaken – there is no federal registry. You are also mistaken about the Florida Statutes.
No worries all i know is in march of 1996 I was sentenced. The stated tjT i had to register as an so. If there was not a Florida registry at the time i am not sure what he was talking about.
Tearful, I was told 10 as well by my lawyer and probation officer.
98-02: Guidelines to Florida Sex Offender Laws December 18, 1998
This is what i found under 98.02
Sexual Offender/Predator Designations:
• A sexual predator who was designated a sexual predator by a court before October 1, 1998 and who has been lawfully released from confinement, supervision or sanction for 10 years and has not been arrested for any felony or misdemeanor since release, may petition the court for removal of the designation. A sexual predator or sexual offender who was designated by a court on or after October 1, 1998, and released from supervision or confinement for at least 20 years and has not been arrested for any felony or misdemeanor offense since release, may petition the court for removal of the sexual offender/predator designation.
Look I am new to looking at this so dont count in me I am just thinking outloud.
Good point. Very good point!
that means if you were a predator then you use to be able to challenge it after 10 yrs. Now it is automatic lifetime as a predator, and you cannot challenge the designation to become an “offender”
Man….lucky bastard!..lol That is great for the individual and wonderful job by attorney Ron Kleiner. Hope we can all get that same feeling some day.