I have been on NYS SORA for 11 years for Att Kidnap 2 degree after being incarcerated can I be Relieved to Register

Asked over 2 years ago - Brooklyn, NY

In 1998 I pled guilty to Att Kidnapp 2nd degree and served
2 ¼ to 4 ½ year incarcerated, Near upon my release I learned I was to have to reg. with sora. My whole time upstate I was never told I would be labled a sex offender & never told in sentencing court. I served my time, without incident, and parole as well, now it will be 11 years I am on sora and want to file to be Relieved to have to. Is this just a dream and will I have to go until 20 yrs are in under the Adam Walse Act? I had gotten my appeals up to the court of Appeals in 2007 or there about but was sent back to sentencing court. Haven’t I paid my debit?
If not for the Adam Walsh act, my 10 years on sora would have been completed.There were NO sexual content to the case just the instant offence is why I fell under sora.

Additional information

Thank you for your speedy responses. I do not have an attorney retained for this case since 2007 since it used MANY thousands of dollars to get to my appeals. This was a NYS case not a Fed. My atty. fought to have the Court depart from the charge so the instant offence wouldn’t fall under the sora list, However the Court of appeals did not affirm or deny the sentencing courts decision they simply referred the case back to the sentencing judge court, but again that judge did not want to hear our motion so this is why I have no movement. And my Atty. At the time had never had any NYS cases under his belt. Since then the Adam Walsh Act was in acted making me forcing me to reg. 20yrs and not the Ordinal 10 yrs. I am going crazy looking for an atty. experienced in Post Conviction work with NYS SORA but I cant find anyone who has enough experience with NYS SORA issues.

Attorney answers (3)

  1. Richard C. Southard


    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . I have copied a link to the relevant section of law that deals with this. Once on the page you need to click the following link. There wasn't enough room to copy and paste it here.

    §168-o. Petition for relief or modification

    Richard Southard
    I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  2. Joseph A Lo Piccolo

    Contributor Level 20


    Lawyer agrees

    Answered . You can make an application to the sentencing court to challenge the sORA classification.

    Joseph A. Lo Piccolo, Esq.
    President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Benjamin J Lieberman

    Contributor Level 20


    Lawyer agrees

    Answered . You mention the Adam Walsh Act. Were you convicted in federal or state court? The rules are different. Based on what you describe, it seems that you have an attorney. You should be discussing this with him/her.

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