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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117437
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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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: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 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.

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Customer: replied 8 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 8 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.
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