HOW TO FIND A NEW YORK CRIMINAL ATTORNEY
Choosing a Criminal Attorney
FAQs

CONSEQUENCES OF A CRIMINAL RECORD
Your Permanent Record: The Internet
Felony Conviction
Probation, Parole, Post Release Supervision
Misdemeanor Conviction
Violation Conviction

SEX OFFENSES
Sex Offender Registry
SORA Hearing
Level 1
Downward Modification
Retroactivity
Misdemeanors/Felonies
Sentencing
Federal Sex Offender Registry
SORA Attorney

APPEALS
SORA Appeal

SENTENCING
How Much Time Will I Serve?
Resentencing
Ineffective Assistance of Counsel

LEGAL FEES
The New Normal
Solo Practitioners
Fee Structures and Average Rates

THE RISKS WITH PUBLIC DEFENDERS

RESOURCES

HOME

CONTACT ATTORNEY

Sex Offender Registration Act - Level 1



If a person convicted of a sex offense is facing a SORA hearing, a SORA attorney should attempt to pursue every legal strategy for obtaining a Level 1. In New York, a Level 1 sex offender faces the least burdensome restrictions and avoids having a public internet profile on the sex offender registry. Also, the offender can petition for total removal after 20 years.

A Level 1 SORA status is the best possible outcome for a person convicted of a sex offense. Unfortunately, judges rarely score an offender at Level 1 without an aggressive attorney raising all of the proper legal arguments. It is important for a SORA attorney to fight for a Level 1 at the SORA hearing because it is the only proceeding where the state has the burden of proof. Also, it is important for the SORA attorney to create a complete record at the SORA hearing and to argue effectively any appealable issues. Otherwise, an offender will be stuck with a Level 2 or Level 3 status, which remains for life unless an attorney can argue a successful motion fordownward modification.

Currently, the state of the law for Level 1 offenders has lead to legal challenges in state and federal court. Some offenders have attempted to challenge the provision of SORA that requires all offenders to remain registered for at least 20 years. These legal challenges often take years to wind through the courts, and so far none of them have created any changes in the law. However, a few cases in state and federal court have revealed that some judges find the unusually long sex offender registration periods for even minor offenses to violate due process.
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.