Removal from the Sex Offender List

Home » Sex Crimes » Removal from the Sex Offender List

Removal from the Sex Offender Registry

Sex offender registration can be one of many penalties imposed after a misdemeanor or felony sex crime conviction in Colorado. For those who are ordered by the court to register as sex offenders, the requirement can last for years. As tedious and punishing as that can be, it can also be damaging when it comes to an individual’s future opportunities, reputation, and ability to start over.

The good news is that Colorado law recognizes individuals’ ability to reform, and it has set forth specific eligibility requirements, along with a process, for seeking removal from the Colorado Sex Offender Registry.

Denver Sex Crimes Defense Lawyer James Colgan has vast experience helping clients with removal from the Colorado sex offender registry. Whether you need to know if you qualify for removal or it’s time for experienced representation to start the process, you can turn to Attorney James Colgan for help.

Call 303-990-0621 or email our firm for a free, confidential consultation 24/7.

We are ready to put our 25 years of criminal law experience to work advocating your rights and help you achieve your objectives.

Am I Eligible for Removal from the Colorado Sex Offender Registry?

Eligibility for removal will depend on several factors, including:

  • The conviction: A felony conviction is not a bar to removal from the Colorado sex offender registry, unless the individual has been designated as a sexually violent predator (SVP). Others who are barred from removal can include those convicted of incest, felony sexual assault, or unlawful sexual behavior when they have two or more prior convictions.
  • The length of time since the conviction: Those convicted of more serious sex offenses typically have to wait longer periods of time before they are eligible for removal from the sex offender list in Colorado. The longest waiting time set by Colorado law is 20 years, and that applies to certain Class 1 to 3 felony convictions.
  • Whether the individual has been a law-abiding citizen: Any new sex crimes convictions (or certain other convictions) can be a bar to eligibility for removal.

The table below shows how long an offender has to wait to petition for removal, based on the offense for which (s)he was convicted (and assuming no SVP status and no new convictions that would be a bar to removal).

Circumstances or Offense Waiting Period
Deferred Sentence or Adjudication Eligible upon completion of the terms or conditions set by the court
Juvenile Conviction Eligible upon successful completion of the penalties or release from a juvenile detention facility
Dismissal of the Charges Eligible upon dismissal
Misdemeanor Sex Crime
(not including 3rd-degree sexual assault or unlawful sexual contact)
5 Years
Class 4 to 6 Felony
Class 1 Misdemeanor of Unlawful Sexual Contact
3rd Degree Sexual Assault
10 Years
Class 1 to 3 Felony 20 Years

You Will Not Be Eligible for Removal If…

In addition to sexually violent predators, others who are not eligible for removal from the sex offender  list in Colorado include those who convicted of the following (as an adult):

  • Aggravated incest or incest
  • Sexual assault, including 1st and 2nd-degree sexual assault
  • Sexual assault on a client by a psychotherapist
  • Sexual assault on a child, including sexual assault on a child by a person in a position of trust
  • Unlawful sexual behavior in Colorado or any other state for a third or subsequent time

How to Seek Removal from the Colorado Sex Offender Registry

To request removal from the sex offender list in Colorado, here are the steps that must be followed:

  1. Verify eligibility for removal: An offender must satisfy all eligibility requirements in order to qualify.
  2. Notify the proper parties of the intention to seek removal: This includes the law enforcement agency with which an individual has been registering as an offender, as well as the prosecutor in that same jurisdiction and the prosecutor who originally convicted the individual.
  3. Complete and submit the proper form: Here is the form that needs to be completed and submitted to the court in order to request removal from the Colorado sex offender registry. While Coloradans will not have to pay filing fees for this form, there are filing fees for out-of-staters. Additional fees may apply for obtaining records needed to support the request.
  4. Attend the hearing: At this court proceeding, the petitioner will have an opportunity to present his or her case for removal. If the judge grants the request, an Order to Discontinue Sex Offender Registration will be granted.

Choose a Denver Sex Crimes Defense Lawyer Who You Can Count on at Every Step: Contact the Law Office of James Colgan, LLC

If you or a loved one wants to seek removal from the Colorado sex offender registry, it’s time to contact Denver Sex Crimes Defense Attorney James Colgan. With more than 25 years’ experience in the justice system, he has deep knowledge of the law and a long history of:

  • Aggressively advocating his clients’ rights
  • Presenting strong, persuasive cases in court
  • Working relentlessly to help his clients successfully navigate the criminal justice system

As a “pit bull in the courtroom,” Attorney James Colgan is the skilled, trusted ally you can rely on when everything’s on the line and you want the best chances of obtaining favorable outcomes.

Call 303-990-0621 or email our firm for a free, confidential consultation 24/7.

Recognized for his record of success, Denver Sex Crimes Defense Lawyer James Colgan is ready to explain whether you qualify for removal from the Colorado Sex Offender Registry—and, if so, what the next steps are and how he can help you at every point moving forward. You may only have one chance to clear your name and put your criminal past behind you. Make it count by partnering with Attorney James Colgan today.

Sex Crimes Links

Sex Crimes Links

SEX CRIMES

SEXUAL ASSAULT

INDECENT EXPOSURE

CHILD PORNOGRAPHY

CHILD SEXUAL ASSAULT

RAPE

STATUTORY RAPE

INTERNET SEX CRIMES

LEWD ACTS

REGISTRY REMOVAL