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Are you aware of any one that has been able Through the

Customer Question
Are you aware of...

Are you aware of any one that has been able Through the courts to deregister as a sex offender

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

It is in Az and according to federal my son"s offense was a 10 year registration

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but all want 30,000 dollars

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 4 months ago.Category: Criminal Law
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Answered in 19 hours by:
12/2/2017
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 331
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

Sorry for the delay in getting to this but I had to make sure that there haven't been any last minute changes in the law.

Arizona only allows for court ordered release from the sex offender registration requirement if the offender was under 18 when the offense was committed, and is now not older than 22, or, if the offense was sexual contact with a minor, under 22 when the offense was committed.

Arizona does not follow what are considered the national standards for registration periods; they do classify registrants as Level, 1, 2, of 3 offenders and the length of the registration period is generally tied to the amount of time that the offender is sentenced to upon conviction. The lowest level offenders in Arizona have to register for 10 years beginning with their release from custody or discharge from probation.

So unless your son was under 18 when he committed the offense, or, under 22 if the offense was sexual contact with a minor who was 15, 16, or 17, (ARS 13-1405/13-3826), a court will not have the power to terminate his registration requirement.

If your son has completed the registration period, then his obligation to register is expired. He is not required to "deregister." However, he should consult with his probation or parole officer to make sure that period has in fact expired.

The other method would be to apply for a governor's pardon. For more information on this subject, contact:

Executive Director
Arizona Board of Executive Clemency
1645 West Jefferson, Suite 101
Phoenix, AZ 85007
Tel:(###) ###-####br />Fax:(###) ###-####br />http://www.azboec.gov/

The application form is available here:

https://boec.az.gov/sites/default/files/documents/files/Completed%20Pardon%20Application%20fillable%20rev.%20Jan.%209%202015.pdf.

While a state pardon is the most effective way, it's also the most difficult. But it's worth the effort.

Finally, a word of warning. There is a requirement that Level 1 offenders must notify the authorities of their address annually for ten years following their completion of probation or parole. Do not confuse this with the registration requirement. Unless your son was expressly told, in writing that his registration requirement was ten years, you will need to confirm it with the authorities. This ten year address notification period can expire; if eligible for expungement, the conviction can even be set aside; BUT the obligation to register as a sex offender doesn't go away. Only a state pardon will accomplish that.

Hope that answered your question. If so a positive rating would be appreciated. You can always return and ask follow up questions on this topic at no additional charge. Thank you for using Just Answer.

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James Daloisio
James Daloisio, Lawyer
Category: Criminal Law
Satisfied Customers: 331
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Experience: 30 years experience in criminal law, continuing education.

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