Can I Be Removed From Florida’s Sex Offender Registry?
Florida has one of the toughest sex offender registry systems in the country. Once your name is added, it can affect where you are legally permitted to live, work, and travel. For some, registration lasts for life. However, there are situations where you may qualify to have your name removed. A skilled Broward County, FL sex crimes defense lawyer can explain your rights and legal options.
Who Must Register as a Sex Offender in Florida?
Under Florida Statute § 943.0435, people convicted of certain sex crimes must register with the Florida Department of Law Enforcement (FDLE). These crimes can include everything from sexual battery to possessing or sharing child pornography.
Even people who move to Florida from another state must also register if their conviction would require registration here. The FDLE keeps details about your home address, where you work, what vehicles you drive, and any online usernames you use. Most registrants must report their information twice a year, while sexual predators are required to report four times a year. No matter your status, any change, like a new job or address, must be reported to the FDLE within 48 hours.
Who Is Eligible for Removal From the Sex Offender Registry in Florida?
Getting off the registry can be challenging. In most cases, removal under Florida Statute § 943.04354 is only possible in very specific situations. One example is the "Romeo and Juliet" exception, which applies when two young people are close in age and the sexual activity was consensual. Removal may also be possible if your conviction was overturned or pardoned. The same is true if the FDLE made an error and you were never supposed to be registered in the first place.
The criteria for removal are very specific. You must have finished all parts of your sentence, including probation or parole, and your offense cannot be one of the excluded crimes, such as sexual battery, lewd or lascivious molestation, or any offense involving a child under 12. You must not be classified as a sexual predator under Florida law, and all court-ordered fines, fees, and restitution must be fully paid. If all criteria are met and you have gone at least 25 years without any new arrests or convictions after completing your sentence, you may have a chance at removal.
Even if you meet these conditions, removal is not guaranteed. The court has complete discretion to approve or deny a petition. Additionally, if your request is denied, you usually cannot refile. Because of this, your petition must be accurate, detailed, and supported with strong documentation. An experienced defense lawyer can help you prepare and present your case effectively.
The Process for Requesting Removal from Florida’s Sex Offender Registry
If you meet the eligibility requirements, the steps for getting removed from the sex offender registry include:
-
Get certified copies of your court judgment, sentencing papers, and proof that you finished probation. You should also include receipts showing that all court fines have been paid.
-
File a formal petition with the same court where you were convicted. It should explain why you meet the requirements under Florida Statute § 943.04354.
-
Notify the State Attorney and the FDLE about your petition for removal.
-
Attend your court hearing where a judge will review your request, consider any arguments, and decide whether to remove you from the registry.
If the court approves your petition, the FDLE will take your name off the public registry. This means your personal information will no longer appear in the public database. This restores your privacy and gives you the chance to move forward without the same restrictions as before.
Schedule a Free Consultation With a Fort Lauderdale, FL Criminal Defense Attorney
Working with an experienced attorney can make all the difference in a sex registry case. At The Hoffman Firm, we combine experience and determination in the courtroom with a compassionate, personalized approach to every client we represent. If you cannot come to us, we will travel to you to make sure you get the help you need.
Call 954-524-4474 today to schedule a free consultation with a Broward County, FL criminal defense lawyer, and take the first step toward rebuilding your future.