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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111567
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Criminal law question. 1. My son became a registered sex

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Criminal law question.
1. My son became a registered sex offender back in 1997 in the state of Florida. His one time offense was ruled attempted sexual battery! His offense took place in 1995! He was grandfathered in when the NEW law was enacted!
2. He moved to GA and was released to GA sexualoffender register.
3. In November*****system/judge permanently released him from being a so plus no longer required to register!
4. Is he still considered a sexual offender in Florida nowwwww since its been over 20 years plus he is no longer a so in GA?
Cordially DIANNE!
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, FL sexual offender laws are some of the toughest in the US. Since he was convicted in FL and under FL laws, he is still a sex offender in FL, even though GA has released him from reporting in GA. In order to get released in FL, he would have to go back to court and would have to ask the court to set aside or vacate his conviction or give him relief from registration.

Until the FL court releases him, he must register in FL, even though GA released him, because FL is the state of conviction.
Customer: replied 1 month ago.

On his documentation floridA has released registration to GA! They said he was fully released under Ga control! I'm assuming he doesn't have to register anymore in Florida since what his paperwork says?

Are you saying there is a statute THAT requires him to go to Florida every registration prriod?

Thank you for your reply.

That does not matter when it comes to him moving back to FL. FL looks at the statute he was convicted under and where his conviction occurred. GA had authority to terminate his registration within the state of GA, they did not have authority to terminate his registration in FL, only FL can do so.

If he is not living in FL or visiting there more than 3 days, he does not need to register there. But if he goes to FL, the FL law will apply to make him register.
Customer: replied 1 month ago.

So does his so status still show up in FL NOW even though he isn't in FL but resides in Ga! In other words if I pull up Florida sexual offenders for the state of Florida is my son's picture going to show up on the registry even though he is not in Florida at any tim

Thank you for your reply.

If he is not in FL then he should not appear on the FL site. He would be on the site only if he moves back to FL.
Customer: replied 1 month ago.

He is getting notices from FL to Ga address on changes in FL changes in so law? Do they update their law changes every year and send out notices to the address he is living in?

Sorry to bother you! The reasons for these questions is my son was going to school to get his CDL and his background check came up with Fl violations + nothing on GA!

Thank you for your reply.

You are not bothering me. If he is not living in FL then he is not subject to their laws unless he visits FL and spends 3 days or more in FL, then he has to register as a visitor to the state. However, they do send out notice to everyone in their database, so your son will still get their notices as he was originally convicted in FL.

If they transferred him to GA then he needs an attorney in FL to get those violations cleared from his records based on him not living in the state.
Customer: replied 1 month ago.

Sorry for taking a few days to get back to you.. my son saw his lawyer yesterday about paperwork he received from background check! Too long to bother you with those questions.

Two small questions though. Lawyer is not a Fl registered lawyer - only Ga - but he thought once we send release of so status from judge that under background check - my son's failure to register requirement would drop off and so should his so offense off of active data base. That way his FL background check offenses should not show up unless he returns to Fl? Is this true for Florida?

Number 2. Since he received a notice from Florida of Fl so change in law while still under release to Ga at his listed address - he is no longer in their system so no notices can be sent to a address that is not in file for Ga for so status. When Fl sends out notices - he won't be registered anywhere to reach him! In other words Florida cant find him unless he comes back to FL which of course he won't! His paperwork does NOT say he has to since he's released officially!

Something doesn't sound right here!

Cordially DIANNE!

Thank you for your reply.

As we previously discussed, he is not going to have to comply with FL laws once they agreed to transfer his case to GA AND also because he is not living in the state of FL. So because he is neither living in FL and because the state transferred it over to GA, he is not going to need to keep worrying about FL even though they will send him the notices because the state has no clue where he is. The attorney you spoke to told you pretty much the same thing that the violations would be removed upon proof to FL he is not in the state.
Customer: replied 1 month ago.

Soooo under a background check from a job to Florida will no LONGER show ANY so failure to register or so status?

He will continue to be in Fla data base but no so status/failure to register will show up under background check for Fl?

Right!

Customer: replied 1 month ago.

And BTW THANKU! I just can't believe what I'm reading could be possibly true. Background checks have been a nightmare for us.

Thank you for your reply.

He still needs to get his attorney or an attorney in FL to clear his record in FL regarding the registration because it would continue to show up on his record until they get the charges removed for registration issues. His criminal charges will never get removed from his background check unless he gets a pardon from the Governor through the board of pardon and parole.
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