SMART OFFICE Consolidation of Sex Offender Case Law
The US Department of Justice, Office of Sex Offender Monitoring, Apprehending, Registering and Tracking (SMART) has put together some handy compilations of recent case law on several sex offender issues:
You can find links to the materials here:
- Overview
- Who is Required to Register
- Juveniles
- Military
- Retroactivity
- Other Constitutional Issues
- Indian Country
- Failure to Register
- Residency Restrictions
- Miscellaneous
Is it 10? or 20 ? years after release? I was released in 2011 fla. conviction..Starting to lose hope with out of state challege. Not enough people
my boyfriend got a court order in GA – what are the possibilities that he doesnt have to register if he moves to Fla. under the statute 943.04354. How does he even petition the courts?
Yanina – you will need to speak with a lawyer.
do you have any recommendations. ive called about 20 and no one knows how to deal with this
Yes, Yanina – we sent you an email with a referral
any advice or attorney referral in Hawaii who can help me file a “civil proceeding of termination of registration requirement” for Hawaii. The AG’s office sent me pardon papers! and refuse to acknowledge that there IS a process for removal after 10 years on the Hawaii registry…any help in any direction greatly appreciated….mahalo!
Looks as if SMART has the information to make an educated decision on the SOR but not the balls to call it what it is. They say all the contradictory state and federal court decisions is because it is complicated when in reality it’s not complicated at all . It’s unconstitutional, it’s punishment ex post facto. As they mentioned at least one state you have to register even after being expunged from the registry in your offending state .how is that constitutional? Because the original state closed the case the second state can’t even get details on the offense so they have to make up something in order to keep them on the registry.
Is there a list of attorneys in the state of Florida that specialize in RSO cases? Are there any cases in Florida where a registrant was successfully removed the list?
Yes and yes but VERY select cases.
Here is a list of attorneys: https://floridaactioncommittee.org/attorneys/sex-offender-and-criminal-attorneys/
Thank you
Re: Florida RSO removal
In certain cases such as mine, you can be removed after 25 years from the date of your release. You must petition the court you were sentenced in and there is a hearing. You do not need a lawyer for this. I do not believe Gov Scott has pardoned a RSO. Although there are thousands of pending cases asking for Clemency in the State of Florida. Personally I do not know of any individual that has been removed and if there are (per FAC comments) its very rare. I could see possible removal if there is a favorable outcome in re-determining your case or a re-trial. JEV
I’d double check, but a pardon does not relieved you of your obligation to register in all states.
Some states differentiate types of pardons and unless yours is on the grounds of actual innocence then your administrative (since it’s “not a punishment”) responsibility to register as having been convicted of a sex offense remains.
A full pardon is granted by the governor (or the president in federal cases) and is as if the crime never occurred. Clemency is when the sentence is reduced or removed, but the conviction remains. Expungement is the removal of the records pertaining to a crime. In Florida, a sentenced felony cannot be expunged unless a full pardon was granted or adjudication was withheld- but here’s the twist, witheld adjudication doesn’t prevent the registration trigger. Full pardon is currently the only way to be removed from Florida’s list, and Rick Scott can’t seem to find his pen.
It’s written into the law (the 25 year thing), but nobody has EVER been released from registry under that provision. Florida’s registry is full of decades old, low level offenses. The statute should be changed from “you must petition the court” to “the registration SHALL be vacated”. As currently written, a simple fish and game violation or DUI can start the 25 year clock all over again.
Can you send me that list if you can
Yes, here is the like that was sent to me
https://floridaactioncommittee.org/attorneys/sex-offender-and-criminal-attorneys/
Wait… this is a DOJ document? From Section I:
“Sex offender registration and notification schemes have existed in the United States for decades.”
So the Department of Justice of the United States is calling the registration a “scheme”? And yet it exists… legally?
Scheme, not Scam. The noun “scheme”, not the verb “scheme”.
Scheme = Scam in this subject of BS RSO Scam Laws as they are scamming the uneducated and scamming for $$$ as well
JEV.
I thought it was 20 years when did I miss the 25?
I believe it’s 20 years after full release, so the clock starts when you are done with probation
I was told ten by my P.O. which sentence was two years probation near twenty years ago. Since have been retroactive to life and every other whim the legislation meets.
Same here 10 back in 96 (?)I’m waiting tI’ll 2020 then going to ask to be removed by court that’s when my 20 is up
It was 20 back in 2000. It was changed to 25 after the passage of the AWA.