Missouri Sex Offender Registry Removal
If you or a loved one are currently on the sex offender registry, it is possible to get names removed under certain circumstances. Contact a credible criminal defense attorney at Twibell Pierson to assist with the process outlined below.
How long must someone be on the sex offender registry?
For Tier I offenders, they must remain on the registry for 15 years unless the following terms have been met:
- The offender has not committed any crimes resulting in imprisonment of a year or more
- The offender has not committed any sexual crimes
- The offender has successfully completed a period of supervised release, probation, or parole
- The offender has successfully completed a sex offender treatment program
If those terms have been met, the offender can be removed from the registry after 10 years.
For Tier II offenders, they must remain on the registry for 25 years.
For Tier III offenders, they must remain on the registry for life unless their conviction was as a juvenile and they have met the same terms of the Tier I offenders listed above for 25 consecutive years. At that point, they may be removed from the registry.
There is an exception called the Romeo & Juliet exception where if a person 18 or younger committed a crime against someone 12 or younger may petition the court to be removed after two years on the registry if the crime did not have the use of force involved.
What is the process to get a name removed?
To remove a name from the sex offender registry, after the time period outlined above, the offender may file a petition to the county circuit court (or St. Louis circuit court) of the county where the crime took place. It must also name the Missouri State Highway Patrol and county sheriff (or St. Louis police chief if residing in St. Louis) as respondents to the petition, and provide notice to the prosecuting attorney of the county where the crime took place (or of St. Louis if the crime took place there).
The petition must contain the following:
- The offender’s name, sex, race, date of birth, last four digits of social security number, address, and place of employment (or school or volunteer work)
- The offense and associated sex offender registry tier
- The date the offender was convicted
- The date the offender was required to register
- The case number, court, and location that originally tried the case
- The offender’s fingerprints on an applicant fingerprint card
- An authorized copy of the order if there was a pardon or reversal
Then the original prosecutor will have the ability to present evidence, contact the victim, and view recent criminal records of the applicant in order to demonstrate why the petition should possibly be denied.
The offender will be responsible for any charges that result from the Highway Patrol verifying the fingerprints on the application.
What happens if the petition is denied?
The offender may not apply for another five years.
Filing petitions like this is best left to the professionals, and the attorneys at Twibell Pierson Criminal Law have filed many motions like this for all types of crimes. Missing one little detail on the petition can be grounds for an immediate dismissal, so contact us today to allow us to help.