This legal guide will provide information on the process in Georgia for getting released from the sex offender registry.
Who is Eligible for Removal from the Registry?
There are four general categories, but the criteria that must be established for each is different. The four general categories are: (1) those who are confined to a nursing home or similar institution, those who are permanently disabled and those who are physically incapacitated due to injury or illness; (2) those who were convicted of offenses that at the time were felonies but are now treated as misdemeanors; (3) those who were convicted of false imprisonment or kidnapping of a minor when the offense was not sexual in nature; (4) those who have completed all probation and parole for the offense that requires registration.
What is the Process for Petitioning for Release from the Registry?
Many petitioners will need to be classified by the Sexual Offender Registration Review Board of Georgia (SORRB) before having their petition heard in court. The petitioners in these cases have to prove that they are not a significant risk to commit any future dangerous sexual offenses. This requires a Level I classification. In many cases, the petitioners also have to prove that they meet six (6) legal criteria: (1) no other convictions of a sexual nature, (2) no similar transactions, (3) no evidence that the victim in the case that requires the individual to register was physically restrained, (4) no evidence of a weapon, (5) no evidence of physical harm and (6) no evidence of transportation.
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