Reclassifying and Being Removed from the Sex Offender Registry in Ohio
Having to register as a sex offender in Ohio can permanently alter the course of your life. Due to the significant restrictions and reputation of being a registered sex offender, it is essential to consider what legal options may be available to you to get your sex offender registration reclassified or fight to get your registration requirement removed altogether.
Thankfully, with help from an experienced sex crimes lawyer at Luftman, Heck & Associates, you may be able to put your conviction behind you and finally begin to rebuild your life. Call (513) 338-1890 to schedule a free consultation with a sex offender lawyer in Ohio.
Understanding Ohio’s Sex Offender Registration Tiers
To understand Ohio sex offender registration requirements, you must understand how the registry is structured. There are three separate “tiers” as follows:
Tier l sex offenders are generally convicted of misdemeanor sex offenses that do not involve violence or injury to a minor. Those set at the Tier l sex offender registration level are required to re-register as a sex offender annually for a minimum of fifteen years.
Tier ll sex offenders could have been convicted of a misdemeanor or felony sex crime. They must have been sentenced to more than one year in prison or have committed a sex crime involving a minor. Those set at the Tier ll sex offender registration level will be required to re-register every six months for a minimum of 25 years.
Tier lll sex offenders have been convicted of a felony sex offense and often include some of the most severe sex crimes. Those set at the Tier lll sex offender registration level must re-register as a sex offender every three months for the rest of their lives.
Who Has to Register in Ohio?
To determine which Tier you will be classified, the court will examine the type of offense you were convicted of. Here are some of the sex offenses that fall under each of the three registration Tiers:
Tier I Sex Crimes
Some of the sex offenses that could result in a Tier l sex offender classification include:
- Gross sexual imposition
- Unlawful sexual conduct with a minor when the defendant is less than four years older than the alleged victim
- Promoting prostitution
- Menacing by stalking with sexual motivation
Adult convicts classified as Tier l sex offenders may be required to verify and register as a sex offender once every twelve months for fifteen years. However, juvenile convicts classified as Tier l sex offenders must prepare to register as such for ten years.
Tier II Sex Crimes
Some examples of sex crimes that could be classified at the Tier ll level include:
- Gross sexual imposition of a victim younger than thirteen years of age
- Pandering obscenity involving a minor
- Kidnapping with sexual motivation
- Abduction with sexual motivation
- Compelling prostitution
- Pandering sexually oriented materials involving a minor
- Child endangering
If you are classified as an adult Tier ll sex offender, you can expect to be required to register and re-register every 180 days for the next 25 years. However, juvenile Tier ll sex offenders must register every 180 days for the next 20 years.
Tier lll Sex Crimes
Examples of sex offenses that will result in a Tier lll sex offender classification include:
- The kidnapping of a minor
- Sexual battery
- Gross sexual imposition of a minor under 12 years old
- Felonious assault with sexual motivation
Both adult and juvenile Tier lll sex offenders must re-register every 90 days for the rest of their lives.
Can You Be Reclassified or Removed from the Registry in Ohio?
There are several ways to remove your name from the sex offender registry or obtain reclassification. Here are several options:
Petitioning for Reclassification or Declassification as an Adult
As an adult, when you are required to register as a sex offender, it could have a debilitating impact on your life. Thankfully, you could put your conviction behind you by getting re-classified or declassified.
Generally, declassification is not available for adults convicted of any sex crime and required to register as a Tier I, II, or III sex offender. However, you could be eligible for reclassification.
First, be prepared to file a petition in court that includes evidence that your current sex offender classification is no longer applicable or was excessive. For instance, if you were previously convicted of a sex offense and your conviction was overturned on appeal, you may be eligible for reclassification.
You might also be eligible for reclassification if you can show a history of good conduct or behavior while imprisoned and upon your release.
Reclassification or Declassification for Juvenile Offenders
Tier l juvenile offenders are more likely to be eligible for declassification than any other sex offender. However, other minors classified as Tier ll or lll sex offenders could get reclassified if certain conditions are met.
Upon receiving your reclassification petition, the court will determine your risk for reoffending, any treatment you may have received for your sex offense, and other evidence presented.
The court can continue with your existing sex offender registry classification, modify or reclassify your status, or terminate your sex offender registration requirements entirely.
How a Lawyer Can Help with Reclassification or Removal from the Registry
If you are interested in reclassification, there are several ways your Ohio sex crimes attorney can help. First, we can analyze the specific details of your case to determine whether you meet the eligibility requirements. If you do, we will gather the evidence we need to support your case at your reclassification hearing.
If you are currently ineligible for reclassification, we can consider your opportunities for appealing your sex crime conviction. If your sentence can be overturned on appeal, you could become eligible for reclassification or declassification from the Ohio sex offender registry.
Get Help from an Ohio Sex Offender Reclassification Lawyer Today
If you are required to register as a sex offender, you can expect your entire life to be affected. Getting re-classified or removed from the sex offender registry entirely could be the best way to protect your future and look towards a brighter tomorrow.
Do not hesitate to contact a reputable Ohio sex crimes lawyer at Luftman, Heck & Associates to determine whether you are eligible for reclassification or removal. You can reach us through our convenient contact form or by phone at (513) 338-1890 to schedule your confidential case evaluation as soon as today.