If you are convicted for a sex crime charge in the state of Colorado, you will probably be ordered by the court to register as a sex offender on the Colorado Bureau of Investigation’s sex offender registry, which is available to the public.

Exactly who is required to register as a sex offender in Colorado? Is someone’s registration as a sex offender “for life,” or is there a way that someone can be removed from the state’s sex offender registry? How complicated is the process of getting off the list? Can sex crimes law firm in Denver help?

If you are a registered sex offender, you may be able to get off the sex offender registry. Not every offender can be removed, and those who can will have to meet some requirements.

WHO MUST REGISTER AS A SEX OFFENDER?

Obviously, to get off Colorado’s sex offender registry, you must be on it. You are required to register as a sex offender in Colorado if:

  • You were convicted on or after July 1, 1991, of a sexual offense in Colorado.
  • You were convicted on or after July 1, 1991, in another state or federal jurisdiction of a crime that would have constituted a sexual offense in Colorado.
  • You were released on or after July 1, 1991, from any state’s Department of Corrections after serving a sentence for a sexual offense.
  • Or on or after July 1, 1994, you were convicted of, or released after completing a sentence for, the commission of or the attempt to commit a sexual offense.

WHAT IS THE PURPOSE OF THE COLORADO SEX OFFENDER REGISTRY?

The state’s sex offender registry is used by the public and by Colorado’s police agencies. It allows anyone to search for convicted sex offenders living nearby. If you are a convicted sex offender in Colorado, details about you will not be publicly disclosed only for these reasons:

  • You were under the age of 18, and you were convicted as a juvenile.
  • You were convicted only of a misdemeanor sex offense.

However, in other cases, the state of Colorado may publicly disclose information about you including a photograph, a list of your convictions and their dates, your classification (if it’s applicable) as a violent sexual predator or a multiple offender, and other information about you.

If you’re ordered to register as a sex offender in Colorado, you must provide updates to the registry either quarterly or annually, depending on the details of the conviction. Sex offenders also must provide updates whenever they change their address or change their name.

WHAT CAN HAPPEN IF A SEX OFFENDER FAILS TO REGISTER IN COLORADO?

Of course, no one wants to be on the Colorado Bureau of Investigation’s sex offender registry, but failure to register as a sex offender is a Class 6 felony. A conviction for failure to register can be penalized with a fine from $1,000 to $100,000 and/or twelve to eighteen months in prison.

If you are arrested and charged with any sex crime in the greater Denver area – or anywhere else in this state – you must be advised and represented by an experienced sex crimes attorney. Contact that attorney immediately. Your future will be at stake.

Sex crimes are aggressively prosecuted, and no one who is convicted of a sex crime should expect leniency from a Colorado criminal court. A sex crime conviction will probably affect you for the rest of your life. You must be represented by a skilled and accomplished defense attorney.

HOW LONG DOES AN OFFENDER STAY ON THE SEX OFFENDER REGISTRY?

If the state of Colorado has determined that you are a sexually violent predator, if you have more than one sex crime conviction, or if you were convicted of sexual assault, incest, or aggravated incest, you will remain on the Colorado sex offender registry for the rest of your life.

Others on the sex offender registry may have their names removed after the following lengths of time:

  • for a conviction for a Class 1, 2, or 3 felony: twenty years
  • for a conviction for a Class 4, 5, or 6 felony, a Class 1 misdemeanor, sexual assault in the third degree, or unlawful sexual contact: ten years
  • for convictions for other misdemeanors: five years

HOW CAN A SEX CRIMES LAW FIRM HELP?

Even when you qualify to have your name removed from the Colorado sex offender registry, the process is quite complicated, and you’ll need the guidance and services that a reliable criminal defense lawyer provides.

A skilled Denver sex crimes attorney can ensure that you satisfy the requirements and properly complete the paperwork to have your name removed from the sex offender registry.

HOW IS SOMEONE’S NAME REMOVED FROM THE SEX OFFENDER REGISTRY?

Before you can file your petition with the court, you ‘ll have to notify the parties listed here that you intend to have your name removed from the sex offender registry:

  • each law enforcement agency you are required to register with
  • the prosecuting attorney in each jurisdiction of each of those law enforcement agencies
  • the prosecuting attorney who obtained your adjudication or conviction

After you have submitted your petition to the court, a hearing will be scheduled. At that hearing, a judge will decide if you can be removed from the sex offender registry. If the judge rules in your favor, he or she will sign an Order to Discontinue Sex Offender Registration.

You’ll need to send a copy of that order to the law enforcement agencies that you listed in your petition to the court, and you’ll also need to send a copy to the Colorado Bureau of Investigation.

IS A FEE CHARGED FOR REMOVAL FROM THE SEX OFFENDER REGISTRY?

For Colorado residents, no fee is required for filing your petition with the court. Copying fees may be charged for some of the documents that may be required. If you reside in another state that requires you to register as a sex offender because of a Colorado conviction, the fee is $224.

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If you are charged with a sex crime, get aggressive legal help immediately. Prosecutors in Colorado take sex offenses seriously, and defendants are prosecuted to the full extent of the law.

In that situation, your best hope for staying out of jail – and for staying off the sex offender registry – is to be represented by an experienced Colorado criminal defense lawyer. If your freedom and future are on the line, do not wait. Reach out at once for the legal help you need.

By: Dan Murphy

Denver criminal defense lawyer Daniel M. Murphy provides clients in the Denver area with aggressive and sympathetic legal representation. He graduated from the University of Denver Law School in 1994 and worked as a public defender before starting his own practice in 1996. He has defended clients accused of the most difficult criminal and alcohol-related charges. He also serves as a Moot Court Judge for Denver-area law students who rely on his mentorship.