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Petitioning To De-Register 16-22-113 As A Sex Offender In Colorado – Questions and Answers

By H. Michael Steinberg – Colorado Sex Crimes Criminal Defense Lawyer – Email The Author at [email protected]

Petitioning To De-Register 16-22-113 As A Sex Offender In Colorado – Questions and Answers A Petition To De-Register As A Sex Offender In Colorado requires that many bridges be crossed before actual de-registration can occur.

First Thing – Do You Qualify To De-register Under Colorado Law?

Whether you are eligible to de-register as a sex offender in Colorado first turns on the felony or misdemeanor for which you were convicted.

Under C.R.S. §16-22-113, The following do not qualify to EVER file a petition and are subject to Lifetime Registration:

(1) Any person who is found to be a Sexually Violent Predator

(2) Any person convicted of the following…

a. Sexual Assault or Sexual Assault in the First Degree under C.R.S. §18-3-402
b. Sexual Assault in the Second Degree under C.R.S. §18-3-403
c. Sexual Assault on a Child under C.R.S. §18-3-405
d. Sexual Assault on a Child by One in a Position of Trust under C.R.S. §18-3-403.5
e. Sexual Assault on a Client by a Psychotherapist under C.R.S. § 18.3.405.5
f. Incest under C.R.S. § 18-6-301
g. Aggravated Incest under C.R.S. § 18-6-302

(3) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction. Conviction on more than one charge of unlawful sexual behavior, whether adjudicated in the same case or in separate cases, renders a defendant ineligible for relief from status as a sex offender and for removal from sex offender registry. The law contains no explicit limiting language that requires “multiple convictions” to be the result of more than one proceeding.

Time Bars – Eligibility to Apply To De-register As A Colorado Sex Offender

You need to know what level of felony or misdemeanor of your conviction. Then look at the following table to determine when you can file your petition:

Level of Offense Number of Years before Petition may be made:

For Class 1, 2, 3 Felonies – 20 Years
For Class 4, 5, 6 Felonies – 10 Years
For Class 1 Misdemeanors – 10 Years, and
For all other Classes of Misdemeanor – 5 Years

Section 16-22-113, C.R.S. 2012, sets forth the conditions for allowing a person convicted of a Colorado Sex Crime to seek termination of his or her registration duties. Among those conditions is the requirement that the person wait the period of time listed in the above chart AFTER FINAL RELEASE FROM THE JURISDICTION OF THE COURT. This period of time must elapse before duties the applicant can petition the court for termination of the requirement to register as a sex offender.

Petitioning To De-Register 16-22-113 As A Sex Offender In Colorado – The “Purposes” Behind The Requirement To Register As A Sex Offender

Sex offenders in Colorado are required to register pursuant to the Act. § 16-22-103, C.R.S. Understanding the so called reasoning behind the requirement is key to persuading a Colorado judge to release the Petitioner from having to register. That is why these purposes are included here.

Registration duties are not considered an element of a defendant’s sentence. The stated purpose of registration “is not to punish the defendant, but to protect the community and to aid law enforcement officials in investigating future sex crimes.”

In passing the Colorado Sex Offender Registration Law the Colorado General Assembly found that “the public must have access to information concerning persons convicted of offenses involving unlawful sexual behavior . . . to allow them to adequately protect themselves and their children from these persons.” § 16-22-112(1), C.R.S. 2012.

The information that is obtained from sex offender registrants cannot “be used to inflict retribution or additional punishment.” But failing to comply with registration requirements is a class 6 felony. § 18-3-412.5, C.R.S.

The Colorado Law That Applies To De-registration

(First see my introductory article on this subject.) Here is a reprint of the relevant law that applies in this situation with commentary 16-22-113 [HMS ….]

(Current through Chapter 7 of the 2014 Legislative Session – for the complete statute – follow this link – Colorado Sex Offender Registration Law Colorado Sex Offender Registration Law.

§ 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:

[HMS – Section (a) Sets out the time limits.. Listed above.]

[HMS – Section (d) Sets out the rights of those who successfully complete a DEFERRED JUDGEMENT to seek de-registration.]

[HMS – The First Part of Section (e) Sets out the law as it applies to JUVENILES who seek to de-register who successfully complete their sentences]

Except as otherwise provided in subparagraph (II) of paragraph (b) of subsection (1.3) of this section, if the person was younger than eighteen years of age at the time of commission of the offense, after the successful completion of and discharge from a juvenile sentence or disposition, and if the person prior to such time has not been subsequently convicted or has a pending prosecution for unlawful sexual behavior or for 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.

[HMS – Second Part of Section (e) Sets out the TESTS TO BE APPLIED by the judge at the hearing on the Petition who successfully complete their sentences]

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.

[HMS – Section (f) – Other requirements – full compliance with registration requirements for at least one year, – has not been subsequently convicted of another sex offense… then..]

(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.

[HMS – The following section (1.3) set’s out the procedure to be followed to file the motion to deregister and procedure that follows:]

(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,

[HMS – Notification to the Parties and The Victim]

… the court, at least sixty-three 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.

[HMS – Setting the matter for a hearing..]

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 objects or if the person requests a hearing.

[HMS – If the Court orders de-registration .. then]

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.

[HMS – Section (b)(I) lays out the similar procedure that applies to COLORADO JUVENILES.]

[HMS – Law as related to Petitions to De-register Out Of State Sex Offender Convictions.]

(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.

[HMS – Section (2)(a) states the person’s who must be notified of the Petition to Seal by certified mail, return receipts, .]

(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. Cite as C.R.S. § 16-22-113

Petitioning To De-Register 16-22-113 As A Sex Offender In Colorado

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado Sex Crimes Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about Petitioning To De-Register 16-22-113 As A Sex Offender In Colorado, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

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Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today.

Important: This article is for informational purposes only and not intended to provide legal advice to any individual or group. Individuals and groups should obtain competent legal counsel from lawyers admitted to practice in the jurisdictions where they are subject to legal process.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …Petitioning To De-Register 16-22-113 As A Sex Offender In Colorado.