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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you please tell me how someone can get off the sex offenders

Customer Question

Can you please tell me how someone can get off the sex offenders list in south carolina
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

Under N.C.G.S. § 14-208.12A, adult registrants not classified as recidivists, aggravated offenders, or sexually violent predators may petition to be removed from North Carolina’s Sex Offender and Public Protection Registry website. To petition, offenders must have been registered for at least ten (10) years on the North Carolina Registry. Time spent on another state’s registry is not considered towards the ten (10) year minimum requirement.

One would contact the board to file said petition and it would be up to the Board to decide. It is a subjective decision-making process and is a case by case basis. There is no guarantee.

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Customer: replied 5 years ago.
im in south carolina not north carolina
Expert:  Ely replied 5 years ago.
My sincere apologies! Am working on this right now.
Expert:  Ely replied 5 years ago.
Again, please accept my understandable hiccup.

I am afraid SC does not allow to petition for removal at this time. Under 23-3-430, the registration can be voided only if the underlining conviction is reversed, overturned, vacated, or pardoned.

I am sorry.

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Customer: replied 5 years ago.
Ok pardoned by who a major or judge. This is someone who was 11 years old when it happen so there is no way for this person to come off the registry. The person was a juvenile when this happened?
Expert:  Ely replied 5 years ago.
Hello,

This is a well known issue. Under the Adam Walsh Act, even individuals who have had their criminal record occur when they were minors still must register. Again, if pardoned, then they may, assuming they are not deemed recidivists, aggravated offenders, or sexually violent predators.

So a pardon may be what is necessary here:

http://www.dppps.sc.gov/apply_for_a_pardon.html

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Customer: replied 5 years ago.
So that is a way for the person to come off the registry? There is no way for the person to go up againist a judge and have them sign something over or get the victim at the time to write something to get it off the registry
Expert:  Ely replied 5 years ago.
There is no way for the person to go up againist a judge and have them sign something over or get the victim at the time to write something to get it off the registry

Correct, not in SC. Only if the matter is pardoned, which is done via petition to the state:

http://www.dppps.sc.gov/apply_for_a_pardon.html

Assuming the pardon is granted, then perhaps SC will agree to take the name off the registry. An attorney is recommended, of course.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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