Asheville Sex Offender Registration Removal Lawyer

Sex Offender Registration Removal Attorney in Asheville, NC

Being registered as a sex offender can impact your ability to obtain stable employment and housing. An Asheville sex offender registration removal lawyer can answer questions you may have about getting your name removed from the registry.

It may be that you are moving to a new residence and would like to learn more about sex offender registration removal laws. Speak with an Asheville sex crimes lawyer to learn more about the legal options available to you. The attorneys at Edwards Law, PLLC, have years of experience handling these types of cases.

Understanding Sex Offender Registration Removal in North Carolina

Sex offender statistics are maintained by the North Carolina State Bureau of Investigation. There are a total of 7,422 out-of-state offenders, and 3,182 offenders who are incarcerated in North Carolina. Guilford County and Mecklenburg County contain over 1,000 registered sex offenders.

Choosing to hire a sex offender registration removal lawyer is an important decision, and it serves your legal interests to hire an Asheville criminal defense attorney with knowledge regarding sex offender registration removal cases. Legal matters involving sex offender registration requirements may involve elements of both criminal and civil law.

Statutory requirements, deadlines, and supporting documents are all integral to effective legal representation. Your attorney will have detailed information about sex offender registration removal laws in North Carolina.

Sex Offender Registration Removal Laws in North Carolina

The primary statute regarding sex offender registration removal in North Carolina is G.S. 14-208.12A. However, it is also necessary to consider federal laws as well as local municipal codes when requesting sex offender registration removal. The mandatory period a person must be on the sex offender registry before they can petition the superior court to terminate the 30-year registration requirement is ten years.

The state counts the ten-year period from the date of initial county registration. Therefore, it is imperative that you determine the exact date you initially submitted your county registration. Under G.S. 14-208.12A, a registrant is only qualified to submit a petition for removal if the offender has not been convicted of a subsequent offense requiring registration under the statute.

Petitioning for Removal

For all petitions relating to offenses that occurred in North Carolina, the individual must file the petition in the district where they were convicted. For petitions filed in Asheville, this means submitting the request to the Buncombe County Courthouse at 60 Court Plaza. If a court denies the petition, then the individual may petition the court one year from the date of denial.

It’s important to note that the court may permit the victim of the underlying offense to participate in the hearing by offering a statement regarding the request to end the registration requirement. The victim may submit an oral statement, a written statement, or an audio or video statement.

Hire a Sex Offender Registration Removal Lawyer

Speaking with legal counsel can ensure that you are made aware of any updates or amendments to current laws in North Carolina. Legislative sessions may influence filing requirements and the documents you need to submit when you petition for removal from the sex offender registry.

Additional Procedures for Out-of-State Offenses

If the individual is seeking registration removal for an offense that occurred in a state other than North Carolina, the petition must be filed in the district where the person resides. Additionally, the individual must:

• Give notice in writing to the sheriff of the county where they were convicted that they are seeking termination of the registration requirement
• Include an affidavit that provides the contact information and mailing address for the sheriff of the county where the person was convicted and verifies with a signature that the petitioner has notified the sheriff

Any conviction in a federal court is treated as an out-of-state offense by the state of North Carolina. Therefore, petitioners must determine whether they were convicted of an offense in a state or federal court to ensure they comply with the additional procedures for out-of-state offenses.

The petitioner must also demonstrate that he or she has not been arrested for any further crime that would require registration. The request must adhere to the provisions of the Jacob Wetterling Act and any federal standards relevant to the termination of a registration requirement. Also, the court must be satisfied that the petitioner is not a current or future threat to public safety.

FAQs

Can a Registered Sex Offender Be Removed From the Registry?

Yes, if the person has not been convicted of a subsequent sex offense requiring registration under G.S. 14-208.12A. The individual must wait ten years from the date of initial county registration to petition the superior court to terminate the registration requirement.

Registered sex offenders who fall under the lifetime registration requirement of G.S. 14-208.23 may end that requirement only if their conviction is reversed, vacated, or set aside, or if they receive an unconditional pardon of innocence under G.S. 14-208.6C.

How Do You Get Removed From the Sex Offenders register?

To petition for removal from the sex offenders register, an individual must use form AOC-CR-262, which is a petition and order for termination of sex offender registration. An offender is eligible to petition ten years from the date of initial county registration. It is necessary to keep these deadlines in mind as you seek legal representation.

How to Get Off the Sex Offender Registry in Asheville, NC?

To get off the sex offender registry in Asheville, NC, the petitioner must submit Form AOC-CR-262 to the superior court in the district where the petitioner resides. Consult with an attorney to determine what information a petitioner needs to include on Form AOC-CR-262. Also, satisfying the statutory requirements will help you avoid delays relating to your petition for removal.

How Much Does It Cost to Be Removed From the Sex Offender Register?

The costs and fees associated with removal from the sex offender register often vary by district. It is a good idea to speak to a sex offender registration removal lawyer with experience filing these petitions. Specific fees are often associated with filing documents and scheduling hearings. Speaking with a lawyer regarding how these fees may be incorporated in your fee agreement will help you feel less financial stress regarding your petition for removal.

Reach Out to Edwards Law, PLLC to Schedule a Consultation

You do not have to feel intimidated or ashamed when you seek legal representation regarding sex offender registry removal in Asheville, North Carolina. The lawyers at Edwards Law, PLLC, have years of experience helping clients. Contact our office today to schedule a consultation.