The Virginia law is straightforward regarding this matter. If you were convicted of a violent sex-crime offense, then you may have a zero chance of ever possibly having your name removed from the sex offender list.
Alternatively, and depending solely on the nature of the offense, if you’re a nonviolent offender, you may have your criminal defense lawyer file a petition to remove your name from the list 15 to 25 years after your first registration.
Virginia law imposes harsh punishments upon conviction for any type of sexual offense. You could receive a lengthy prison sentence and will have a permanent criminal record that follows you everywhere. Depending on the sex crime, you also face having your name added to the Virginia Sex Offender Registry. The requirement to register applies to both nonviolent and violent sex offenders no matter the amount of evidence present on your behalf in the criminal case. The only issue that matters to being put on the Registry is whether you were convicted. Being required to register for even minor, nonviolent sex offenses, may result in decades of social stigma and diminished opportunities due to the addition of your name to the list.
Always remember that your chances of getting your name taken off of the Virginia sex offender registry depend on specific details of the sex crime for which you were convicted.
In Virginia, you may be required to register if convicted of a certain violent crimes or sex offenses. The offical name of the registry is called the “Sex Offender and Crimes Against Minors Registry”. The Registry lists three tiers of offenses:
o Tier I – If you were convicted of murder while attmpeting to commit certain sex offenses, sex trafficking offenses, certain child pornography distribution offenses, certain listed offenses committed while attempting to commit rape, forcible sodomy, abduction for immoral purposes, indecent liberties with a minor, and sexual object penetration, and many other specfically listed crimes.
o Tier II – This category is for you if you were convicted of carnal knowldge of certain minors, charges related to the distribution of child pornograpy, or using a communications system to engage in or transmit child pornography.
o Tier III – This category has many additional crimes listed that include violations of, attempt to violate, or conspiracy to violate listed crimes related to sexually abusing minors, other than ones listed in the other two tiers. This tier includes many crimes considered to be violent sex offenses.
Once again, the Virginia law is clear, if you’re a violent sexual offender, if you have multiple conviction, or if have any Tier III convictions you may never be able to remove your name from the sex offender list. Alternatively, however, you may petition to have your name removed if you were convicted of a single Tier I offense no earlier than 15 years, and if convicted of a single Tier II offense no earlier than 25 years, after you are first required to register.
These cases are emotional and legally complex, but the removal of your name from the Virginian sex registration list will forever change your life for the better. The only want to get a solid answer to your questions is to consult with an experienced Roanoke sex crimes lawyer and discuss all the specific details of your act, case, and conviction.
Exactly, How Do I Petition For My Name To Be Taken Off the Virginia Sex Offender Registry?
The following conditions should be met before you file a petition to remove your name from the sex offender registry:
o You must have completed all court ordered treatment and counseling and paid all restitution ordered by the court.
o You should have been in no trouble for violations of probation or failing to register for at least several years.
o Fifteen, or depending on your case, no less than twenty-five years must have elapsed since the date you were required to register.
When your criminal defense lawyer files your petition, the filing must include your complete criminal and sex offender registration history, as well as all pertinent documentation proving that you went through any required counseling or treatment.
After that is done, the Virginia court will grant you a hearing, where the burden of proof is now placed on the Commonwealth to show that you still pose a risk to others. The court will hold a hearing on the petition at which you and any interested persons may present witnesses and other evidence. If the court is satisfied that you no longer poses a risk to public safety the court may grant your petition and may order your name removed from the sex offender registry.
If the court denies your first request, you must wait two years from the date you of the denial to file another petition.
Can I Ever Have a Normal Life If My Name is On the Virginia Sex Registration List?
In most states, when you must register as a sex offender, your personal information, including your name, age, address, and the nature of your conviction(s), are all available to be viewed by the public, your family, friends, and the world at large. This fact can affect all aspects of your life.
Registration as a sex offender can have a myriad of consequences, such as:
o Denied living in certain areas – Often, being a registered sex offender means particular proprietors will deny you housing, or you may not be allowed to live in specific neighborhoods.
o You may have difficulty finding employment – It is common for employers to run background checks today before you’re employed. Many companies have specific regarding felons, and many jobs convicted of a felony and many jobs require that you pass a background checking for crimes against children or sex crimes.
o You may have a negative perception in your community – Which could cause a social stigma that is difficult to overcome.
There are many more examples, but certainly, it is vital to your life to get your name removed if possible.
Five Things You Should Know About the Virginia Sex Offender Registry.
Suppose you face charges for any type of sex offense in Virginia, from indecent exposure to rape charges. Upon conviction, you may be required to register on the Virginia sex offender registry upon conviction.
However, you still have rights, and the following are essential points to note:
o The Virginia State Police oversee the Sex Offender and Crimes Against Minors Registry
o A conviction for specific criminal offenses mandates that you register with the Virginia state police
o Your name will appear on the registry for at least fifteen years.
o The Virginia police may visit your home or workplace.
o Your character will continue to be searchable on the Virginia sex offender database.
All these things, and more, can impair your future happiness, and working with a knowledgeable, experienced Roanoke sex crimes lawyer may hold the key to improving your life forever.
My Name Appears On the Virginia Sex Registry, How Do I Begin To Get It Removed?
You know how serious this matter is and how it currently affects your life’s quality. The only clear path to removing your name from the Virginia sex registry is to consult with a qualified, aggressive Roanoke sex crimes law firm, who will vigorously fight for your rights. The Law Offices of Seth C. Weston will provide you with an empathetic, detailed, and professionally prepared strategy to combat this life-changing issue. Consult with them today and move on past this rough time.