Sex Offender Registry - Downward Modification
A downward modification under the New York Sex Offender Registration Act (Corr. Law 168-o) can help a sex offender with removing his internet profile. A SORA attorney
must evaluate a number of documents before determining the most likely method for helping a client to overcome the burdens of the New York sex offender registry. For most sex offenders, who have already been convicted or plead guilty, the best option for removal of an online sex offender profile is a downward modification strategy. A reduction to Level 1
can help a sex offender maintain a lower profile, face less restrictions, and eventually peition for removal.
The permanent records on the Internet
follow a person for life. Some offenders may qualify for a lower risk level through an Article 78 proceeding or a redetermination proceeding based on the settlement terms of Doe v. Pataki
. In some cases, a person may be able to argue for due process and other constitutional rights in federal court. However, a downward modification is the most common method for helping a person fight against the lifelong consequences of sex offender registration.
A SORA attorney with specialized legal knowledge about the downward modification process will create a petitioning package. These attorneys should have connections to the best forensic psychologists and other experts if the case requires an expert evaluation and report. Some aspects of a downward modification motion will resemble a sentencing hearing, where letters of support and proof of one's involvement in the community will factor into the judge's decision. Most of the motion and hearing will focus on proving that an offender will not reoffend. The offender must prove that his life circumstances have changed since the time of the offense, which can be achieved through a number of strategies.
The downward modification process can take some time for writing the motion, assembling a favorable record, scheduling an evaluation (if necessary), and having the court schedule a court date. However, the reward of a lower sex offender level and the opportunity for removal from the sex offender registry can be lifechanging.
Attorney Advertising: All content sponsored by The Law Office of Adam Bevelacqua, LLC. Although informational, this website may be considered attorney advertising. Every case has unique circumstances, and a person should consult a criminal attorney before taking any legal action.