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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I have a question about removal? I was convicted of possession of child pornography by a court martial in 2003 (in Norfolk, Va.). I registered in Florida upon my release from my sentence in Norfolk, Va. I moved out of the country, no longer live in the U.S., 10 years ago. I am not a U.S. citizen and do not plan on ever going to the U.S. again. Could I petition for removal from the sex offender registry? If so, how would I go about it?
There is a lawsuit that we are trying to fund called the “Out of State Challenge” that would offer you relief (if won).
How much funding is needed for this law suit? My husband would be interested in participating if possible.
There is a thermometer on our Donation Page. We have a goal of $25,000 and have raised $58xx so far.
It breaks my heart to see how many people are going through the same thing my fiance is.
He was convicted of possession of child porn that he had started looking at when he was in highschool of girls close to his age and stopped at 21 in total he only had 20 videos.
I have been with him for almost 7 years with a child on the way.
He is working with a therapist and attorney still, while on probation for the next 6 years!
And life time registry….I am at a loss for words because I spend my days trying to find anything to make our life easier. He has a good job here and all I want to do is move to a house in Palm Beach county and can’t seem to find anything that fits his restrictions that doesn’t cost an arm and a leg…. I find myself more dissapointed the more time I spend researching because I have read everyone say how awful it is being on the registry …. I am still just speachless that everything seems nearly impossible to having a semi normal life for our child in Florida… I wanna move but we both have family here that love us and support us… And finding a new job seems impossible without connections…. This sucks for everyone who has to register, to be labeled, to be ostrasized from society, and an additive of making it a living hell because having this lable isn’t “enough”…I wish there was something that could be done…I spend countless hours trying to find loopholes or good stories and end up empty-handed and heartbroken …. I wish you ALL the best in trying to find a good life in this effed up society…..
A.W.
You are not alone… I am and have been dealing with the same situation as you are. My fiancé and I met through yahoo 2010. I did not know anything about his situation or his past until his daughter or ex-wife found out about us on Facebook. As we been seeing each other and then out of nowhere message come through my inbox message on Facebook and the person who claim to be his daughter talking or the ex talking. I been told that I am taking too much of his time and his daughter was like 16 years old at that time then she said to me did you know that he is RSO. I was like what you mean and that is when I found out that he is registered sexual offender and my whole world came down crashing. I told him and asked him about it and sure did he cried so hard and didn’t want me to find out. I didn’t know what his crime was or what tier level he is. As he told me all about it and I told him that it will be hard and my family will never accept him because of his background and felony record of being sexual offender. He begged me not to leave him and he has no one and not even anyone who willing to give him another chance of LIFE.
As our relationship begins and we been together for soon to be 10 years, never been married or have any kids with each other but he does have two daughters from his first wife. His charges happened in Michigan and when he moved to Florida and NO ONE I mean NOT EVEN his lawyers or sheriff department told him that he will have to register if he leaves state. He did not know and he was 20 at that time and his charges happened when he was 18 and the girl lied about her age and she was 16. You know how parents are so her parents filed compliant against him. He pleaded guilty and did 2 years probation. The last time he went jail for one year and 1 month. It’s long story and the person he was with had roommate that was dealing crack and he told that he can’t do this and he is on probation, However the roommate that he asked to leave turned around and made up some story about him and had neighbor son to c call the police and told them about him and all. Oh boy I tell you all the evidences that they gathered up were tossed out because he had more witnesses and the person didn’t even show up to testify against him. Therefore; the judge charged him with child abuse and he did one year and 1 month in correctional faculty in Marion County Florida which was far from home like I would say about 5 or 6 hours drive and none of his family every visit, he got one letter and one phone call for a year and never heard from his family.
I have fought with my family and he has too as they were not willing to give him a chance to get to know him. Lot of times my family have invited me to family gathering like Christmas, Thanksgiving, and any holidays that we get together for and I declined lot of them as I told them if he can’t come and I am not coming without him, I just felt that what they did to him was not right and I understand that his background is in Black and White print of being SEXUAL OFFENDER and felt he shouldn’t be around kids, go to parks where there is playground. I have told my family that I have done a lot of researches of Sexual offenders and their crimes. I even pulled up Family Watch Dog website and read about color codes and the level of crimes each Sexual Offender and Predator. I have fought with my family for 2 years since he and I been together and I stood by him all the way and still with him on this day as for November will be our 10 years anniversary and we have not gotten married yet, because he wants to be off the registry list and have normal life and his rights back along with his life back without having to register every 6 months.
When he went to check in every 6 months and he checked in last month and the FDLE told him that he has been doing this for almost 10 years and has not even re-offend and stayed out of trouble since he was released from correctional faculty and told him he has good chance of getting off registry, BUT he has to go Michigan to do that as they said that’s where it is from and they can’t do anything here in Florida and they told him that he is no longer Michigan’s problem and he is in Florida and its lifetime registry.
Now he is looking to check with Michigan Law there and Florida Law, so that means he has to get attorney to look into his case.
He said that I am the reason that he has not been back to jail, and I pushed him to get job to show them that he isn’t danger to society and shouldn’t be danger to anyone., He is tier 1 sexual offender.
I wish everyone the best on whatever they trying to do to get off the registry list and got to keep on fighting to get your rights back and your life back. I hope it works out for everyone who is dealing with this situation and I know my fiancé is fighting all the way and will not give up.
So my question would be what if you were never designated as a sex offender by the court of law but by FDLE adjudication withheld back in 1992 attempted sexual battery it was not till after I was released from probation in 2000 that I had to register believe me if I knew then what I know now I would have never taken a plea deal
If you were on probation when the registry was enacted (1997) you are required to register.
You MIGHT be eligible for removal 20 years after release from probation if you have no other arrests.
Hello, FAC,
How is it that someone MIGHT be eligible for removal after 20 years if on SOR when enacted in 1997 and fall under all criteria for eligibility to petition for removal but isn’t it 25 years now? Was there a ruling on a SPECIFIC CASE that would entitle CERTAIN people who meet specific criteria to petition if under the original 20 year rule? I put in CAPS so other folks don’t assume it applies to ALL as their is specific criteria? Thank you ??
If you have SPECIFIC questions, you should speak with your attorney. FAC is not a law firm.
12 years ago, the removal provision was extended from 20 years to 25.
And don’t just speak with any attorney. Speak with the FAC-referred attorney who successfully dealt with this question in court, or one who has knowledge of the case or is willing to find it.
Speak to just any attorney and you may get a more conventional (but incorrect) answer to this question, such as, “no one comes off the Florida registry for any reason ever.”
Someone who committed their offense prior to 7/1/2007, when the standard was changed from 20 years to 25, shouldn’t be subject to a changing of the goalposts. That was the argument successfully made by an attorney in FAC’s referral list.
Correct, Jacob. The FDLE even tried to challenge this and lost.
I have been on the Tennessee Sex Offender registry for 11 yrs and have been recently release from having to register. 7 or 8 yrs ago I registered in Sarasota and I’m still on the registry in Fla. Why?
Because Florida keeps everyone (including temporary visitors) on it’s registry for life. We are fundraising for a challenge to that. Look for our “Out of State Challenge” to see the progress.
My son took a vacation to Florida with us and went to register as he was told to do . He became
Very ill and left , he was only in state 2 days , I called and reported that he was leaving no one said anything about him being on the register there til eternity and they never took him off , he should not be on the registry if only being there 2 days , I think at the time it was 5 days . He was lied to by a girl who was visiting our resort area in Ohio , I saw her drinking
With her mother as it even states in the police report that she drank 9 Smirnoffs , she came to our campsite with the owners granddaughter who was 19-20 and I would never have guessed that she wasn’t the same age , she came with a drink in hand and I would have sent her away had I thought otherwise. He left the next day when a girlfriend came to pick him up . This girl who said she was abused by him came to our lake house for the next day and s half asking when he was coming back? Who looks up her
” abuser”? I was there for the next three weeks no police came to question me and then it’s in the paper . The police report is a joke they questioned her and asked if she was penetrated she said she didn’t know , she said when asked if she asked him to stop , yes but I don’t think he heard me . Because a band was playing so loud . Then vindictively at the end of her report she said and he knew I was 15 ! His lawyer told me I did not have to appear In court because my son would not even be there which was totally wrong , I should have been there so I could have told this story .
They made him agree to be on the register or face 10 years ! He was alone and scared and sorely
Misrepresented! But here we are
He has tried to commit suicide twice , he now suffers from
Extreme depression and says constantly , “My life is ruined “!
He had ADHD and his maturation
Always ran behind by a few years
He has had other problems which he has paid for , prison gave him Hep c , MRSA for which he was taken to a local hospital and transferred to a bigger hospital 2 hours away his infection was so bad . He now uses drugs and I fear everyday will be his last , this jealous girl should be the one who is punished she Has ruined my son’s life . When asked by the police why were you out at 2am she said, ” I had to go to the bathroom”! Please give us any information you have so we can get some relief for him .
Beverly – he needs an attorney. If he can prove he never triggered the obligation to register, there is a possibility he can get relief.
There are attorney referrals on our site.
He had an attorney who got him to agree to be on the register because they threatened him with jail time of 10 years. This happened in 2007 but I wonder if after 12 years it’s too late to ask for an appeal. Still in Florida he should not be listed since he was in state only 2 days.
What Attorney can I talk to about that ?
Thanx
On the issue of having to register in Florida for a two-day visit, check the attorney referral information on this site.
This used to be 10 years
was this finish line then moved to 20?
” Tearful Eagle on February 8, 2019 at 4:02 pm
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.”
T.O.M.
Were you asking me a question? As far as I know originaly it was 10, then 20, then 25 and now life. My offense predates the registry so who knows.
But the subjected former RSO is off and happy for him. We all need to keep working. No one ever thought the Berlin wall would fall and it did.
It bull after almost 20 never been arrested not even a ticket agood job and almost ready to buy a home they come check on him and put him in jail because all the cars in drive way he did not report some are family members that are here because my dad is really sick the law sucks especially when you was engaged to the victim and because you decide not to marry her she acuse you of rap concern so everyone that comes from out of town to visit for a week has to go register there vechical bunch of bull crap they need to go after reoffender and leave those who finally have gotten to go on to trying to get their life back and a good job and been out of trouble for 20 years
if he violates before he petitions, its unfortunate.
Not so unfortunate, if the Ex Post Facto Plus Challenge succeeds at, say, invalidating the vehicle law. Then it would be harder for the state to argue that he violated.
(If the challenge is fully successful, of course, there will not even be a need to petition, but I realize that sometimes we score partial victories).
Had an arrest but all dropped as it was their error. It was a filing of no information so notveven an arraignment. Hoping that doesnt kill my hope. Offense in 1996. Made mistake of coming to fl 2016.
So is it 10 years or 20 years?
This is a copy and paste from 1998, 943.0435, subsection 11 statue:
11) A sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has had his or her civil rights restored or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. 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.”
It seems to me that if the courts are going to allow this, then they should not be able to exclude the rest of this section, correct?
question…
A sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has had his or her civil rights restored or has received a full pardon or has had a conviction set aside in a post conviction proceeding for any felony sex offense that meets the criteria for classifying the person as a sexual offender for purposes of registration
what about adjudication withheld
Adjudication Withheld is the same as a conviction for purposes of the registry.
To All,
I just spoke with Mr. Kleiner and he stated that this case was argued based on this individuals release from sanctions.
Doesn’t the fact that they wrote “20 yrs, UNLESS you were arrested for any crime period” prove that they just want to keep people on the registry? What would reckless driving, or driving on a suspended, or even failure to register have to do with your risk to re offend. I could understand it saying being “convicted of a violent or sexual offense. Is there anything being done about the bogus issue and law making when it comes to 943.0435?
It says “arrested”.
well I know it’s not written like that, but that’s what it means. What about the question? lol
It cannot be used as “proof” that they want to keep people on the registry.
no other state holds a simple arrest against u…that’s screwed up yo
Even if a filing of no information was made by the district atty and no charges nor proceedings were filed? Its not that they were dropped it was a filing of no information.
It says arrest FOR a felony or misdemeanor. Arrests that ultimately come to nothing, do not count against you in the law.
Their wording is unnerving seeming to incinuate an arrest not a conviction. So vague
Kenneth,
I completely agree with your post. The Florida Legislators pass registration Laws that make it extremely difficult for some registrants to live without violating the law for the 20-25 year duration. Then, if you have been “arrested” for any reason, you spend the rest of your life on the registry. The truth is, The State of Florida receives Millions of Dollars per year in federal grants for the registry. I believe that’s why the State keeps the registry so bloated. Its all about Money and Votes at the end of the day…
Here is another copy and paste from 2007 :
“(6) County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements.”
If you look through the Statues, there are many references to Federal Funding. The Courts and Law Enforcement are commanded to comply with Federal Law. Sex Offenders are an asset to the State, one in which they do not want to lose…
Yes they do after 20 years they coming to arrest my husband for stupid things they really need to get a life his had no problem they even said he has be a ghost not even a ticket and now every time they come they have something new why they arrested him
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.
you are correct. There was no mention of a time of registration in 1997