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Hammer O'Justice
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Is there a way to get someone off the sex-offenders list if

Customer Question

Is there a way to get someone off the sex-offenders list if they where charged when they were a juvenile?
Submitted: 4 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 4 years ago.
Hello.

Unfortunately, getting off the registry is nearly impossible. Even receiving a pardon from the governor does not remove someone off of the registry, except in limited circumstances:

(E) SLED shall remove a person's name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person's adjudication, conviction, guilty plea, or plea of nolo contendere for an offense listed in subsection (C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered.

(F) If an offender receives a pardon for the offense for which he was required to register, the offender may not be removed from the registry except:

(1) as provided by the provisions of subsection (E); or

(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.

(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29(b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender may not be removed from the registry except:

(1) as provided by the provisions of subsection (E); or

(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and

(b) a verdict of acquittal is returned at the new trial or entered with the state's consent.

Unfortunately, pretty much the only way to get off of the registry is to get the conviction vacated or to prove actual innocence. So South Carolina has unfortunately made it nearly impossible to get off it unless the person can show they were innocent or wrongfully convicted.

Sorry I can't give you better news.

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