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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“He argued they can’t move the finish line”. It seems to me that the court did not apply the law ex post facto to this individual. I wish I could know where the starting line was in the case. Offense date or end of sanctions?
Your clock starts running at the end of sanctions; that is whenever you were finished with probation.
NOT the arrest date
NOT the conviction date
NOT changing from ankle bracelet monitoring to probation
It is from the date/year that you were let off all county/State Restrictions. When you were set free (per se)
So if they took you OFF PROBATION/ Completed Probation in 1997 Thats when your clock starts.
If you completed probation in 2000, that is when your clock starts.
IF you are still ON PROBATION (2019) you have to wait till you are off probation for your clock to start.
screw the state of florida…I moved to Colorado springs and was removed from the sex offender registry because of the time..15 yrs…florida is the worst of the worst…funny thing is if I come back to florida I go back on the registry..its people like ron book who make florida a pos to live in as a sex offender
yes i am in a similar situation in another state, however the Florida registry continues to block employment in my industry, international travel and any background check that is done it will come up and people don’t care about which state. the reality is i’m not “off” until Florida says i’m “off.” the big thing for me is I still cannot pass a background check and I am still unable to work a permanent, decent, gainful job and support myself. I hustle and work temp and do what i can but it’s far from being able to survive on my own. WE CAN’T FORGET ABOUT THE CASE THAT NEEDS SUPPORTING REGARDING THIS ISSUE. (didn’t mean to yell… 🙂 FAC’s Out of State Lawsuit needs funds!
I put money there too… Problem is not too many people know of the issues here. I think there were an article(weekly report) a few weeks ago that F.A.C posted that some person or Org. did an audit on the Register people in Florida Maybe can used that article to get the argument going maybe reach out to those people for help. Give me the name and phone and I call them myself even though I have hard time hearing on phone I be glad to help start the lawsuit
rpsabq perhaps try a simple name change in your state
OMG i never thought of that! LOL. the registry, of course, would follow the new name, if a judge would even let me. Also background checks go by your social security number among other things.
Question I have been on the registry since 1998 and I was charged with lewd and lascivious acts on a minor and it was withheld adjudication and if I were to move to Colorado would I be able to get off the registry as well and I never had any restrictions on me
If you are asking about removal in Florida. Have you been off probation for at least 20 years with no subsequent offense?
The answer to getting off the registry in Colorado is probably “no”. If you were required to register in your state of original offense, you are required to register in Colorado.
From the state web site:
Convicted of an offense in another state or jurisdiction for which the person, as a result of the conviction, is, was, has been, or would be required to register if he or she resided in the state or jurisdiction of conviction, registration is required there or in Colorado, so long as such person is a temporary or permanent resident of Colorado.
The Colorado SOR has been declared “unconstitutional” in Federal Court however that ruling has been challenged by several State’s AG’s including Colorado.
Sorry there is no better news. Someone might. E able to offer better news on states that have already lost their fight and have been ordered to rewrite. Michigan comes to mind.
wait, how did you get off the registry in florida?
but you’re still on the registry in Florida, mcclure. you’re just shown as out of state in colorado. just like the rest of us out of state.
what about people who were charged and convicted of failure to register. Do you feel there could be a possibility that once people start getting removed, that they would change that language from “haven’t been arrested for any crime” to “convicted of a violent or sexual offense.”?
What MY greatest concern is, if they take your name off “the list” and you do everything you are supposed to do (change license w/no identifying markers– take all cars that dont belong to you off the list)
Then some”yah-hoo cop” who knows you pulls you over and says you didnt register, no ID mark on license, EVEN THO YOU ARE OFF THE LIST, will arrest you and throw you in jail.
OR….
They will say that the State says that, but Indian River County didnt implement that.
WOW, this is getting some attention. Can you tell me if it was a Romeo and Juliet case? Or was he on for 20 years with not getting arrested once? It has not been 25 yrs since the registry started in Oct 97 for him to be on for 25 yrs, so I’m guessing 20. Can you tell a little more about the circumstances?
Not R&J – 20 years with no arrest.
Call in to the monthly member call in March – Ron Kleiner will be guest
I had emailed Ron K. I was told from the day you finished your sentence. I got 11 and 1/2 years to go unless FAC beats it on ex facto suit
It’s been established that the clock starts on the day you finish your sentence. I’ve been told by Ron K that he’s getting tons of calls from people asking the same question. Please, he’s not employed by FAC, so lets not bombard him with calls asking questions that have been answered here.
The clock starts once you complete your judicial sanction. That’s current law, and Ron Kleiner has successfully argued that it does not apply to those whose offenses pre-date current law (i.e., 7/1/2007 as Jz pointed out).
Ron successfully argued that for his client, the clock started…when? When he is released from prison only, or when he completed all judicial sanction?
Either no one here knows, or I’m bad at paying attention, or we just have to wait for next month’s call!
You are not paying attention. It is when they are completely done with all sanctions, whether that’s prison, jail, house arrest, supervised release, community control, probation, parole, etc.
Below is the statute
“However, a sexual offender who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender.”
20 or 25 years is still a “dead man walking” sentence. Registration should run concurrent with probation or for a defined period (10 years or less) if you were “lucky” enough not to have to do probation. Registration is just another form of probation anyway.
So I can petition when I’m 60 instead of 65, big whoopee. Irrelevant since no one will hire a 60 year old anyway,
Interesting comment as the legislature is debating ‘when is a sentence complete.’ Stay tuned for this year legislature to try and hold out the Amendment 4 voting Act for felons. Apparently some feel it only ends when all repayment conditions have been completed.(And who has the records for that.)
Also some feel that ‘murder’ needs to be defined but if some manslaughter sentences are not included in murder, then how can all include ‘felony sexual offender, as many are not sexual contact in nature, and, definitely who is to define these.
Getting someone removed from the Florida SOR does not have to be complicated, and it does not always require a lawyer. The case of a friend of mine was referred to an attorney, but, after a minimum amount of research, the lawyer gave up without success. I did not. I wrote several letters to both Virginia, the state of the original offense, and Florida FDLE. Florida said that this person is on the SOR in Florida only because Virginia wants him to be there. I wrote to Virginia authorities and posed that question: “If this individual were living in Virginia now, would he have to register?” They answered in the negative. I faxed that response to the Florida FDLE, and my friend came off the registry within the week. Don’t get discouraged. Never give up. Force the authorities to respect their own rules.
could you tell me who i need to speak with? my husband has a court order proving he’s off the registry (he’s no longer on any registries) and now he is trying to move to fla and fdle is still asking him to register.
please write to [email protected]
i wrote to the legal@fl….. how long does it take for a response?
Yanina – You are seeking legal counsel. We are not a law firm. It is my understanding that you’ve made the same request with FAC, NARSOL and other advocacy groups. You’ve contacted the attorney referrals on our website and have a consultation with one of them tomorrow. At some point you should find ONE attorney you are happy with and go with them.
If any of them would know HOW to help me – I would go with them. None have known in which steps to proceed. This is a very unique case that has never been dealt with before. There is NO statutes that deal with this case.
We shall see what happens with the apt tomorrow.
Out of state registation is not right. I live in the state where the offense occurred and I no longer have register as an SO
I have received your inquiry and will respond later today.
Thanks.
Cary
Cary, its hard to believe Florida would remove someone if they were no longer required to register in virginia unless its been 25 years, because thats their crazy rule. How did you accomplish this?
FAC disseminates useful information that allows thousands of registrants to comply with the law more effectively. They can do so without having to resort to legal advice, which of course we leave to the lawyers.
In the present case, the excellent Ron Kleiner appears to have successfully argued that when it comes to petitioning off the registry, the statute that was in effect at the time of one’s offense, should govern when one is eligible for consideration. The statute governing eligibility changed in 2007. So if you committed a crime in 2008, the law says you must wait 25 years from the end of your judicial sanction period (not 25 years from 2008) to be eligible. But if you committed a crime in 2006, then you must wait 20 years (from what, I don’t recall, might just be 20 years from release into the community). And if you committed a crime in 2007, as someone alluded to below, we don’t quite know, because we don’t know when in 2007 the new statute went into effect, but whoever is able to recover that information, good on ya.
Anyway, I’m just rehashing what the law is. If you need legal advice, consult an attorney, obviously.
What if my offense occurred in 1991 then what
Jacob, do you know for a fact that the court went by the offense date in this case?