How to Get Off of the New York Sex Offender Registry
The legal process for removal from the New York sex offender registry is tricky. Make sure to check this section for frequently updated information about defense strategies and changes in the law.
The Sex Offender Registration Act (SORA), along with state and federal law, provides only a few methods for removing a person's name from the sex offender registry. A SORA attorney
-- someone who handles these cases and understands the changing laws -- must evaluate a number of documents before determining the most likely method for successful removal. Removal from the sex offender registry may be a multistep process, which starts at the SORA hearing
or with a downward modification
strategy. For many offenders, the first step toward removal will be a reduction to Level 1
Sex offense convictions from jurisdictions outside of New York or convictions from before 1996 provide additional opportunities for removal from the sex offender registry. A number of my clients ended up stuck on the New York sex offender registry because they lived here for a short period of time. The state forced these people to register, causing problems in their home states where the permanent records on the Internet
follow them for life. After an evaluation, sometimes a person may qualify for changing their sex offender registration status through an Article 78 proceeding or other proceeding based on the settlement terms discussed in Doe v. Pataki
. In some cases, a person may be able to argue for due process and for preservation of other constitutional rights in federal court (although this litigation may become expensive if a case winds through the appellate process and potentially toward the Supreme Court of the United States).
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.