On Behalf of Law Office of Michael A. Schillinger, Esq.
December 16, 2021
Criminal Defence
Committing a sex crime in New York may result in a court order to register as a sex offender. People who refuse to comply or neglect to update their registry information as required can face serious legal consequences.
Over time, registrants may wish to modify their status or request to have their names removed altogether. Whether or not their petition receives approval depends on their circumstances. However, with the right support and credible evidence, registrants may have a winning chance at modifying their registry information.
Registry Risk Levels
The sex offender registry in New York is not a one-size-fits-all database. According to the New York Unified Court System, there are three primary risk levels on the sex offender registry. Lowest risk individuals receive a risk level 1, moderate risk individuals receive a risk level 2 and the highest risk individuals receive a risk level 3.
Different titles including sexually violent offenders, sexual predators and predicate sex offenders are also used in conjunction with the risk level. These identifiers influence the type of information the public has access to in regards to the registrant’s criminal history. A registrant’s identifier and risk level can also impact his or her registry requirements.
Requesting a Modification
A registrant can request two specific actions including a modification or removal of his or her name from the registry. The New York Unified Court System says that people have the legal right to petition the court for a modification once each year.
A well-written petition will address the reasons why a registrant feels he or she no longer presents a threat. People may include letters of recommendation from friends and family, as well as evidence of good behavior and personal growth. In some cases, and after at least 30 years, people may petition the court to have their name removed completely from the registry.
Get the Advice of an Experienced Attorney
Contact my office to discuss the circumstances of your case. It may be possible to have your entry in the New York registry of sex offenders modified or removed.