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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Has any one else been removed from the Florida Registry and if so is there a place were we can find case law so maybe we can get more lawyers involved in getting some of us of this damn registry
just asking !!!! Thanks
Yes – several have.
It’s statutory law. 943.0435(11)
I guess what I was asking is where can we find the cases that have been granted and how were they worded. The actual court order is what I’m asking about I guess that would be case study ?? Thank you for the quick respond
I have full custody of my 3 year old son. He starts preschool in January. I filed a motion to remove my name off the registry back in 2010 and the motion was granted. My name does not come up on any registry websites I’ve used online. Am I allowed to pick my son up from school? Will i be flagged when my ID Is scanned in the main office? I don’t want to find out the hard way.
If you’re off the registry, then I see no reason your ID would be flagged. And even if it were, that is not related to pickups from school. Which you would still be able to do even if you were still on the registry. No one will credibly allege a danger from a former registrant picking up their own child.
Hi Jacob – I spoke with OTHER Jacob offline – this question concerns IL, not FL.
Your last sentence is so true. And I think that is a message that all 1+ million people directly affected by Registries should repeat ALL the time, every day, everywhere.
There is no one with any credibility that thinks that Registered People need to be excluded from going to schools or living near them. No one. That is especially certain if those same liars also have no problem with shooters being in schools. Or people who have been convicted of DUI. Or anyone who has been convicted of any violent crime. Or drug abuse. Etc.
Further, there is no one with any credibility that thinks Registries are needed or useful. No one. Any informed person who supports Registries has some ulterior, evil motive.
That is the message that needs to be repeated all the time. Legal challenges are not going to get rid of the Registries.
War needs to be waged.
I visited South Carolina back a few years ago and was told to check in with the local authorities even though not on probation. When I saw what you all wrote, I went on their registry to see if I was there and I am not, so at least some states are not adding people just visiting.
In fact, I did not have to go back before I left the state to check out and they never came out to verify where I was staying or anything. Was surprised because it was a hick town Sheriff’s office and figured they would be all over me like white on rice.
I was sentenced back on December of 2003, I was charged with having sex with a person over the age of 12 but under 16. I met this guy who claimed he was 18 fixing to be 19. I was 23 at the time. We went out a couple of times and he would hang out at my house. Well one day as I just got home from shopping there was an officer at my house. He told me he had a warrant for my arrest. When I asked he told me it was for having sex with a minor. I asked him what you mean and he asked if I knew this person and I said yes. That is when he said he is only 15 years old. They took me to jail where I met with detectives and they then told me that he went bragging around that he had sex with an adult and that is when his mom heard and she was the one who pressed charges on me. So long story short I have been on registry since then. What I am wondering is how can I go about getting off of it? I have not caught no other sex crime. The only thing is I have some failed to update registry but that’s all. I will say this I do have 2 kids and I have custody of them and I also don’t have no requirements as far as my living situation. That is one thing the judge back then granted. But I am wanting to do more for my kids and can’t due to being in registry. So please can some one help me out and tell me what to do? I live in Florida
Your best bet is to move to a different state. In Washington where I love you would be removed if you could live 15 years crime free in the community.
Yours is exactly the type of case that Megan’s Law was NOT meant for.
Wether a teenager lied about their age or not, a consensual sexual rendezvous is NOT what started the damn registry and we all need to be taken off the registry for these instances. Period. No argument about knowing better is going to change my mind about this. The registry was started because of a psychopath who kidnapped, raped as murdered a pre-pubescent CHILD. It damn sure wasn’t consensual.
@Karleeta, since you were convicted in 2003, you fall under the 20-year rule. You may beg to be removed 20 years after your probation ended, providing you have not been ARRESTED for ANY felony or MISDEMEANOR since then.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/SEC0435.HTM&Title=-%3E2003-%3ECh0943-%3ESection%200435#0943.0435
As you can see, Floriduh makes it nearly impossible to get off the registry, even for an offense DECADES ago. Moving to another state still won’t get you off Floriduh’s registry. Unfortunately, Floriduh HB 1055, which initially had language to change that, has been gutted by the Criminal Justice Subcommittee on 2/3/2020. The language survives in the senate companion bill SB 1552. Criminal Justice Committee will discuss that bill on Tuesday 2/11/2020.
Good luck to you!
Karleeta
I also have a question
A 14 yr. old just attacking an 18 yr.old student in New York and stabbed her to death. He immediately was charged as an adult.
Why is it if someone under the age of 18 initiates a sexual relationship with someone over the age of 18 it’s always the fault of the older . The under age is never considered at fault. Even if the older was not aware of the younger ones age.
Can a 14 yr old be responsible for a murder but not a sexual relationship? Make up your mind.
Do those under 18 know murder is wrong but not that sexual activity is. If so who is to blame for that?
David M- YES EXACTLY!!!!
Does anyone know if a technical violation of probation would be considered an arrest that would prevent me from being removed?
I’m guessing I should Sosa’s to an attorney.
Hi everyone. We live in Georgia but my doin was charged in Florida. My son was arrested in 2013. He was in an adult dating site and started talking to a girl that said she was 18 yr old. The girl then said she was 14 yr old despite the fact that the person in the picture was truly 26 yr old. My son sent an in appropiate picture of himself. He broke off the communication and eas suddenly arrested and .charged with 1. Harmful material transmitted to minor and 2. Unlawful use of a two-way transmitter device. The person that was portraying being this girl was actually a male officer that went on this site.
But anyway, we went to court several times and he was found guilty by a jury of “harmful material transmitted to a minor. The other charge was dropped. The judge decided to do adjudication withheld instead of convicting him. He was sentenced to 3 days jail, 5 years probation, sex offender counseling. His 5 yr probation will be up on Sept. 22, 2019 but he was told he would be on the sex offender registry for life.
He’s done everything he was suppose to do. Does his situation sound like one that we could get sealed or expunged. What was the purpose of the adjudication withheld.
as far as i know – sex offenses cant be sealed or expunged.
if he lives in ga i would contact a ga atty – i have one in mind but not sure if im allowed to post his name here. but anyways – in ga he can prob get off the list depending on the level they give him… in fla i dont think so – hed prob have to wait the 25 yrs or whatever it is now. and if he moves, hed have to check the laws in that state as well.
Hello I can help here. Back in 2003 when I was 23 years old I had a girl I met online for a 1 night stand lie about her age she said she was 18, her profile said she was 18 but she was actually 14. Yes I had sex with her brought her back home she looked and acted the part and it was on a Wednesday night during school but she was a drop out from school.
Yes she admitted to lying however it was still a crime and I was charged. Anyways fast forward I got a adjudication withheld. This was the best outcome I could’ve hoped for aside from them dropping the charges but fat chance that was going to happen. With this I wasn’t a felon which is HUGE!!!! I was able to get jobs at Wells Fargo, Citi bank, Bank of America and other places because their background checks stopped at felony convictions and was able to lead a somewhat normal life in Florida.
I did a lot of research around the country on places I could move to and not appear on their states registry and I chose Washington State Around Seattle area. I moved here almost 4 years ago and was able to be a Level 1 which I almost guarantee your son will be a Level 1 if he moved here or a state with similar laws. I do NOT appear on any websites where my address is listed.
Washington state you can ask to be let off their Sex offender registry at 15 year mark which I’m eligible for and will be asking soon. This state already has extremely lax sex offender laws for level 1 as it is they stop by my house once a year I sign a piece of paper and its over with. I only need to inform them when I move or get a new job Aside from that they leave me alone and I’m in no way shape or form a priority to them. Once I’m off the registry here (again I’m not listed on the Washington state registry they only list 2’s and 3s).
Now the downside….yes there’s a downside. Florida still has me listed and it says I moved to Washington. It does NOT list my address so if you were to google my name Florida puts me in Washington but they listed the wrong town where I move to and if I move around I do not need to update Florida to which town. While its not perfect life its MUCH better than the one I had in Florida.
Washington only lists 33% of sex offenders everybody else is a level 1. Oregon lists only I believe 10% of their offenders however Oregon is trying to change things up and get more on the online registry but I think your son could still live a normal life there even with the changes they are proposing.
I personally will be challenging Florida at the 25 year mark to get off for at that time I can also prove that im of the registry in one state and lived just fine as help from their make believe laws they got going on there.
Mike you will want to re-read Washington’s law. You have to live 15 years crime-free in Washington before they remove you for an out of state conviction. So even though 15 years have passed since your conviction unless the time on regwas served in Washington you still have to register.
Still don’t get how they give you a bargain they were adamant to specifically “orally pronounce” sex offender (1990s) terms at sentencing that changes after the fact. Agreeing to register was ambiguous where we didn’t know what registering was and obviously open to more than 1 interpretation of the law. See “Rule Rule Lenity”
Under the rule of lenity when there are different rules of construction and it is not clearly pointed out from the information which construction is being plead to it must be construed most favorably to the defendant.
We clearly didn’t know what we were pleading to! HELP
What sucks is the cops read this and then you get arrested for some bogus reason and you beat the case but it reads if you get arrested for any misdemeanor or felony you won’t be able to submit it to the courts, look I have had it and I mean had it!!! I subscribe to this bull crap of a committee just to see if I can get help, well that isn’t happening nor am I ever going to be free from this nightmare so I’ve come up with a plan and it’s time to move forward with this plan
I have to tell you all that my time hased come. I will be one more name or label I should say.
You are entirely correct . I just went through that . Someone a few door down three years ago called the police because he found out I was on the registry made up a story had me arrested, printed out all the information from the registry site handed it to the police officer when he made the report. I was arrested ,booked. When all the information was revealed the case was dismissed but the arrested is still on my record.it was used against me when I applied for removal from the registry.
did you try to fight that with an attorney? you were arrested but the charges dismissed so its not really valid??
Nina26
I did not have an attorney didn’t think I needed one. The original offense was in Kansas and I was removed from the registry after 10 yrs. but now live in Missouri which they say I’m required to stay on the registry for 25 yrs or life , not sure how they classify it. Nobody seems to know for sure. So I went back to Kansas to get the original offense expunged. The DA there would not do it so took it to a judge . The DA brought up the arrest that was thrown out and said because of that I was still a threat to society. I explained how the original charges were false For which I was asking expungement and that the arrest in Missouri was thrown out. The Judge said I was not remorseful enough and because of the other arrest he could not expunge the original offense.
Yeah David I had the same thing happened to me and now I have a double whammy where I was convicted out of they were supposed to remove me from the registry due to my charge was not a register offense in 2008 well I moved out of that state and moved to South Carolina and they told me that if Indiana has removed my name then they would do so also well I moved to Florida and contacted South Carolina and they tell me that I need to send them proof that my iOS is not considered a good enough or secure device to send. Stuff. So I sent them the same documents through my Mac and now they won’t even respond. And then Florida fdle saids due to the fact even though indiana removed me South Carolina hasn’t and neither has Florida .
I dont get it. I got arrested for a failure to register but they filed a no information as it was their error. Never even saw a judge or any court dates other than a bond whwre i was ror’d. It was a no information so that is gonna keep me from getting off this? They didnt even file charges.
speak with your attorney
Im pretty sure a good attorney can work around no billed stuff but finding one that doesnt just extort you is another thing. I spent 4 k trying to get civil rights restored. After 1.5 years of monthly “we are making progress call back next month” I called Tallahasse to discover no restoration app had been filed. I confronted the attorney who said he was working with a lobbyist and it was closely guarded information and had I contributed to any campaigns. I was like you better give me my money and file back. He sent me a check for a few hundred dollars and a folder that had only a single newspaper clipping in it.