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Colorado Sex Offender Laws: How Do I Petition to Remove My Name from the Colorado Sex Offender Registration List?

Petition to Discontinue Sex Offender Registration – by Colorado Sex Crimes Defense Lawyer – H. Michael Steinberg

After specified time periods, registered sex offenders, except SVP’s (Sexually Violent Predators) & quarterly registrants, may petition the court for an order that discontinues the requirement for registration &/or Internet posting.

Registration must continue until the offender seeks a court order to discontinue registration and one is granted.

An offender may petition the court after the following time periods, which begin after the offender’s final release from the jurisdiction of court, & only if the offender has not subsequently been convicted of a sex offense:

Felony 1, 2, 3 (if not a quarterly offense) = 20 years

Felony 4, 5, 6, or Misdemeanor 1 (Unlawful Sexual Contact, or 3rd Degree Sexual Assault, as it existed prior to 7/1/00) = 10 years

Misdemeanor, not described above = 5 years

Deferred judgment and sentence/adjudication = After successful completion of sentence and dismissal of case

Less than 18 years old at adjudication = After successful completion of sentence

Posted on Internet due to Failure to Register, per 18-3-412.5 (3.6)(a)(IV)(A), & has fully complied with all registration requirements for at least one year.

Instructions on How To Petition the Court to De-Register as a Sex Offender

Prior to filing a Petition to Discontinue Sex Offender Registration (Colorado or non-Colorado conviction), pursuant to §16-22-113, C.R.S., the Petitioner must notify certain agencies of his/her intent to file a Petition.

The notification is done through an intent document that must be mailed by certified mail to each of the following: law enforcement agencies with which the Petitioner is required to register, the prosecuting attorney for the jurisdiction in which such law enforcement is located, and the prosecuting attorney who obtained the conviction requiring the registration.

When the Petition is filed, the Petitioner must attach to the Petition all return receipts from each party who was notified with the intent form.

The Petition is to be filed in the case in which you entered a guilty plea for a Colorado Court conviction that requires you to register.

If the conviction that requires you to register was not obtained from a Colorado Court, you may file a civil case with the District Court in the County where you reside and pay the appropriate filing fee.

To determine if you are eligible to petition the Court, review the sentencing documents along with §16-22-113, C.R.S. to determine if the offense constitutes a felony or misdemeanor.

For additional information, please review §16-22-113, C.R.S.

Removal from the Colorado Sex Offender Registry

A person required to register as a sex offender pursuant to Colorado statute, upon satisfying the requirements of section 16-22-113 (1), C.R.S., may petition the district court for an order to discontinue the registration or the court may consider discontinuing the registration requirement at the time that the person satisfies the requirements for discontinuing registration.

However, depending upon the nature and degree of the offense, certain persons are ineligible for removal from the sex offender registry and will be subject to the registration requirements for the rest of their lives.

These persons include:

Sexually violent predators, as defined in section 18-3-414.5, C.R.S.;

Persons convicted as an adult of sexual assault in the first or second degree, sexual assault on a child, sexual assault on a client by a psychotherapist, or incest; and

Any adult with more than one conviction in the same jurisdiction for unlawful sexual behavior.

Upon receipt of a petition, the court must set a date for a hearing and notify the victim of the offense for which the petitioner was required to register. If the court enters an order to discontinue the petitioner’s duty to register, the petitioner must send a copy of the order to each local law enforcement agency with which he or she is registered; the court must notify the victim of the offense of its decision to discontinue the petitioner’s duty to register; and the CBI and the local law enforcement agency must remove the petitioner’s information from the sex offender registry.

Here is the actual Colorado law:

Title 16. CRIMINAL PROCEEDINGS OFFENDERS – REGISTRATION

Article 22. Colorado Sex Offender Registration Act

Current through 2011 Legislative Session

§ 16-22-113. Petition for removal from registry

(1) Except as otherwise provided in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both, as follows:

(a) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

(b) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of ten years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

(c) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of five years from the date of such person’s final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

(d) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for an offense involving unlawful sexual behavior, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (a) of subsection (1.3) of this section;

(e) If the person was younger than eighteen years of age at the time of disposition or adjudication, after the successful completion of and discharge from the sentence, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior.

The court shall base its determination on recommendations from the person’s probation or community parole officer, the person’s treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person’s presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section

19-2-105, C.R.S., if any.

(f) If the information about the person was required to be posted on the internet pursuant to section 16-22-111(1) (d) only for failure to register, if the person has fully complied with all registration requirements for a period of not less than one year and if the person, prior to such time, has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior; except that the provisions of this paragraph (f) shall apply only to a petition to discontinue the requirement for internet posting.

(1.3)(a) If a person is eligible to petition to discontinue his or her duty to register pursuant to paragraph (d) of subsection (1) of this section, the court, at least sixty days before dismissing the case, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the person, and the victim of the offense for which the person was required to register, if the victim has requested notice and has provided current contact information, that the court will consider whether to order that the person may discontinue his or her duty to register when the court dismisses the case as a result of the person’s successful completion of the deferred judgment and sentence or deferred adjudication.

The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense object, or if the person requests a hearing. If the court enters an order discontinuing the person’s duty to register, the person shall send a copy of the order to each local law enforcement agency with which the person is registered and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the person’s duty to register.

(b)(I) If a juvenile is eligible to petition to discontinue his or her duty to register pursuant to paragraph (e) of subsection (1) of this section, the court, at least sixty days before discharging the juvenile’s sentence, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the juvenile, and the victim of the offense for which the juvenile was required to register, if the victim has requested notice and has provided current contact information, that the court shall consider whether to order that the juvenile may discontinue his or her duty to register when the court discharges the juvenile’s sentence.

The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense object, or if the juvenile requests a hearing, and shall consider the criteria in paragraph (e) of subsection (1) of this section in determining whether to continue or discontinue the duty to register. If the court enters an order discontinuing the juvenile’s duty to register, the department of human services shall send a copy of the order to each local law enforcement agency with which the juvenile is registered, the juvenile parole board, and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the juvenile’s duty to register.

(II) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services may petition the court to set a hearing pursuant to paragraph (e) of subsection (1) of this section at least sixty days before the juvenile is scheduled to appear before the juvenile parole board.

(III) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services, prior to setting the matter for hearing, shall modify the juvenile’s parole plan or parole hearing to acknowledge the court order or petition unless it is already incorporated in the parole plan.

(1.5) If the conviction that requires a person to register pursuant to the provisions of section

16-22-103 was not obtained from a Colorado court, the person seeking to discontinue registration or internet posting or both may file a civil case with the district court of the judicial district in which the person resides and seek a civil order to discontinue the requirement to register or internet posting or both under the circumstances specified in subsection (1) of this section.

(2)(a) Prior to filing a petition pursuant to this section, the petitioner shall notify each of the following parties by certified mail of the petitioner’s intent to file a request pursuant to this section:

(I) Each local law enforcement agency with which the petitioner is required to register;

(II) The prosecuting attorney for the jurisdiction in which each such local law enforcement agency is located; and

(III) The prosecuting attorney who obtained the conviction for which the petitioner is required to register.

(b) When filing the petition, the petitioner shall attach to the petition copies of the return receipts received from each party notified pursuant to paragraph (a) of this subsection (2).

(c) Upon the filing of the petition, the court shall set a date for a hearing and shall notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and has provided current contact information. If the court enters an order discontinuing the petitioner’s duty to register, the petitioner shall send a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. If the victim of the offense has requested notice, the court shall notify the victim of the offense of its decision either to continue or discontinue the petitioner’s duty to register.

(d) On receipt of a copy of an order discontinuing a petitioner’s duty to register:

(I) The CBI shall remove the petitioner’s sex offender registration information from the sex offender registry; and

(II) If the local law enforcement agency maintains a local registry of sex offenders who are registered with the local law enforcement agency, the local law enforcement agency shall remove the petitioner’s sex offender registration information from the local sex offender registry.

(3) The following persons shall not be eligible for relief pursuant to this section, but shall be subject for the remainder of their natural lives to the registration requirements specified in this article or to the comparable requirements of any other jurisdictions in which they may reside:

(a) Any person who is a sexually violent predator;

(b) Any person who is convicted as an adult of:

(I) Sexual assault, in violation of section 18-3-402, C.R.S., or sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000, or sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; or

(II) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; or

(III) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or

(IV) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; or

(V) Incest, in violation of section 18-6-301, C.R.S.; or

(VI) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(c) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.

Here is a link to download or fill in the form online.