How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110363
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

A friend of mine is trying to get his name off the sexual offenders

Resolved Question:

A friend of mine is trying to get his name off the sexual offenders list in Missouri. He was charged with sexual assault in Arkansas in 1994. His trial wasn't completed until 1996. He was givin 5 yrs. probabation. which he violated 2 months prior to it expiring. He then spent 3 yrs. in prison. He is now released with 2 more yrs. of probation. How can we get his name off the list?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
He cannot get his name off of the list. The thing with being a sex offender is that it requires lifetime registration and he will have to register the rest of his life in MO. There is no provision in MO for removal off of the list unless he is no longer required to register under the Arkansas law. As long as he would be required to register under Arkansas law he would have to register in MO.

Under ARK code:

"Lifetime registration is required for an offender found to have committed an aggravated sex offense, determined by the court to be a sexually violent predator, or found to have been adjudicated guilty of a second or subsequent sex offense under a separate case number, not multiple counts on the same charge.
(Ark. Code Ann. § 12-12-919(a))
Any other sex offender required to register can apply for an order terminating the obligation to register to the sentencing court. The court must hold a hearing on the application at which the applicant and any interested persons may present witnesses and other evidence. The court will grant an order terminating the obligation to register upon proof by a preponderance of the evidence that:
(1) the applicant, within 15 years after being released from prison or another institution, placed on parole, supervised release, or probation, has not been adjudicated guilty of a sex offense; and
(2) the applicant is not likely to pose a threat to the safety of others.
(Ark. Code Ann. § 12-12-919(b))"

Thus until he is able to get his registration stopped in Arkansas he will not be able to get his name off of the list in MO.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Customer: replied 7 years ago.
Does the law in Arkansas require him to register, go by the date he was charged or the date he was sentenced? How can we get the forms or paperwork to apply to the Arkansas courts to release him from having to register.
Expert:  Law Educator, Esq. replied 7 years ago.
It is 15 years from when he completes his sentence that he can apply to the court and there are no forms, he would need an attorney to file the motion in the court where he was convicted.
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you