Will I ever not be required to register as a sex offender? Unfortunately, for most people, the answer is no. Registration in the Arizona Sex Offender Registry is a lifetime requirement, with one exception.
The one exception is for those defendants convicted of violation Arizona Revised Statutes § 13-1405, Sexual Conduct with a Minor, who were under the age of 22 when they committed the offense. There are several other requirements that must be met before filing a petition in such a situation:
The victim in the case must have been 15, 16, or 17 years old
The sexual conduct was consensual
While on probation, you did not violate any of the sex offender terms of probation
You have not committed any other felony offense or any offense listed in Chapter 14 or 35.1 of Title 13 of the Arizona Revised Statutes (a sex offense)
No court has determined that you are a sexually violent person and no sexually violent person proceeding is currently pending against you
There was only one victim in your case
You were not sentenced to prison for the offense that you were required to register for
If those criteria are all met, then you can file a petition to terminate your sex offender registration requirement. Once filed, the prosecution has the burden of proof to prove by a preponderance of the evidence that any factor above is not met. If any factor above is not met, the petition will be denied. Even if all of the factors are met, the court may still deny your petition if it decides that it is in the interests of justice or tends to ensure the safety of the public to require you to continue registering.
If you are considering filing a petition to terminate your registration requirements, it is vital to have a knowledgeable Phoenix sex crimes attorney on your side who knows and understands the law and can assist you in obtaining the result you want – freedom from registration. Contact the attorneys at AZ Defenders today by calling 480-456-6400 or contact us online to schedule a free consultation to find out what your options are.
COVID-19 UPDATE:We are open and accepting new clients. Consultations by phone and video now available. Get our team of attorneys working on your case immediately without risk. Call now or contact us online.