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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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Background offense: possession of one or more depictions

Resolved Question:

Background

offense: possession of one or more depictions of a minor (actual conviction terminology). Sentence: convicted in the state of Utah on Hill AFB on 31 May, 2006 and sentenced to 6 months mil confinement. I served 4 months and received no probation.
Sex offender status after confinement: Low level offender with a registry start date of 2007 and an end date of 2017.
Personal information: I have no prior convictions other than the one I listed and have had no other convictions... (not even a parking ticket). I worked on the economy as a manager after the conviction and I am currently a straight a student in college (bachelors in psychology). I know that what I have done was serious however I have faced a great many difficulties (eviction, stalkers, and harassment) and have been trying to find out how to get off of the registry.

Question

I recently saw an article that Utah had passed an act to get low level offenders off of the registry within 5 years. This prompted me to contact a Utah attorney. However, when I spoke to an attorney I was told that i may have to register for life now. In his defense I don't know if he fully understood my conviction, as he repeatedly asked why I wasn't on parole. I believe that he may have thought that I had produced the illegal pictures which was definitely not the case. Upon consulting another attorney I was instructed to cross reference the CPSA with UT law and according to what i found I think I still have a potential end date. Unfortunately I don't know who was right?? I need to get my life back!!!
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
Hi

There was legislation in the 2012 Utah General Assembly session. Under HB 13 certain sex offenders may Petition the court after 5 years of registration for an early release.

The bill was signed by the Governor 3/22/12 and has an effective date of 5/8/12


Therefore, you may be eligible to Petition the court, if you meet all the criteria of the new law

Here is the link for you to review the entire legislation and the process. I suggest you can use this when you consult with a local attorney about getting it done for you.
Customer: replied 2 years ago.
I currently reside in Florida because my wife is active duty. While waiting for your response I asked a detective about my tier level out of curiosity. She told me that there is no tier system in Florida and that i am ineligible to get off of the registry anyway because i live here. However I have been told prior to my conversation with the detective that in order to get off of the registry i have to petition in the state of the offense. There are so many conflicting answers that i am confused. Am I ineligible now because i reside here currently (please note that we wont reside in Florida permanently due to my wifes active duty status)?
Expert:  Samuel II replied 2 years ago.
Hi

You are eligible to Petition for Removal from the Utah registry.

You would still be required to register in Florida or any other state as per their laws. To be free from that, you would need to have a Governors Pardon to get you eligible for an expungement of your conviction.
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21385
Experience: Handle criminal matters in both state and federal courts.
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