Lawful North Carolina Sex Offender Registry Removal
Under North Carolina law, a convicted sex offender on the sex offender registry, may request to have their status on the registry terminated. NCGS 14-208.12A., establishes the requirements, for someone who has been on the registry for a particular number of years to petition the court for removal of the registration requirement. However, just meeting the statutory conditions may not be enough to be removed from the registry.
North Carolina is one of several states who have not completely implemented the federal Sex Offender Registration and Notification Act (SORNA). SORNA is the federal guidelines created as a result of several landmark decisions and legislation like the Jacob Wetterling Act, 42 USC § 14071, that sets forth federal conditions necessary for an individual to petition to have the registration requirement terminated. Any North Carolinian who is seeking removal of the requirement, must meet both the federal and state conditions for a judge to consider their termination.
There are several requirements that must be met. This includes a minimum amount of time required to be on the registry before an offender is able to petition the court. This minimum time requirement is based on tier levels that correlate to the offense for which an offender was convicted. Offenders are broken down in to three tiers as follows:
- TIER I – 15 Year Requirement. (Can be reduced to 10 Years)
Tier I is the lowest tier and applies to offenders who do not fall into either of the higher sex offender tiers. Tier I is a presumptive 15 year registration requirement that may be reduced to 10 years if certain conditions are met.
- TIER II – 25 Year Requirement
Tier II is the middle tier. A Tier II sex offender is anyone convicted of a sex offense against a minor that is comparable to sex trafficking, coercion & enticement, transportation with intent to engage in criminal sexual activity, or abusive sexual contact committed against a minor 13 years of age or older.
Additionally, a Tier II sex offender is anyone convicted of a sex offense that involved the use of a minor in a sexual performance, solicitation of a minor to practice prostitution, or production of distribution of child pornography.
- TIER III – Lifetime Requirement
Tier III is the highest tier. A Tier III sex offender is anyone convicted of a sex offense that is comparable to or more severe than aggravated sexual abuse, sexual abuse, or abusive sexual contact committed against a minor under 13 years of age.
Additionally, a Tier III sex offender is anyone convicted of a sex offense that involved the kidnapping of a minor.
The time requirement is just one of a litany of conditions necessary to petition the court for removal from the North Carolina Sex Offender Registry. Call the Criminal Defense Team at Hatch, Little & Bunn today to explore your sex offender registry removal options and see if you may be eligible for removal from the sex offender registry.