Fort Collins Deregistration Attorney
When Can Someone Petition to Deregister as a Sex Offender in Larimer County?

Wondering if you are eligible for deregistration? Read more about the process and who is eligible for the relief here.

In Fort Collins and Larimer County, there is a relief for some who have to register as a sex offender – this is called Deregistration or Petition for Removal from Registry. This relief is not available to everyone who registers. There are some who will be required to register as a sex offender for life. But, for others, there may be a light at the end of the tunnel. Let’s take a closer look at who can and can’t Petition to Deregister.

Larimer County Deregistration as a Sex Offender Lawyer: Petition for Removal from Registry in Colorado

According to the Colorado law, in Larimer County a person can Petition for Removal from Registry – under C.R.S. 16-22-113:

Except as otherwise provided in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both

There are strict timelines related to when a person can petition to deregister. They are as follows:

  • If you were convicted of a class 1, 2, or 3 felony sec offense, then you can petition for removal from the registry after 20 years.
  • If you were convicted of a class 4, 5, or 6 felony sex offense or the class 1 misdemeanor Unlawful Sexual Contact, then you can petition for deregistration after 10 years.
  • If you were convicted of a misdemeanor sex offense other than Unlawful Sexual Contact, then you can petition to deregister after 5 years.
  • If you were convicted of a sex offense and received a deferred judgment, then you can petition for removal after the successful completion of the deferred judgement.
  • If you were a juvenile convicted of a sex offense and successfully completed your sentence, then you can petition to deregister.

It is important to note that these timelines do not begin until the sentence is completed, meaning after your sentence has been served, whether that be through prison and parole or probation. There is also a rule that you cannot have been convicted of any subsequent sex offense.

Who is Ineligible for Deregistration in Loveland and Estes Park?

There is a list of crimes that make a person ineligible to petition for deregistration in Fort Collins, Loveland, and Estes Park. These crimes include adult convictions for:

  • Sexual Assault – C.R.S. 18-3-402;
  • Sexual Assault on a Child – C.R.S. 18-3-405;
  • Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3;
  • Sexual Assault on a Client by a Psychotherapist – C.R.S. 18-3-405.5;
  • Incest – C.R.S. 18-6-301; and
  • Aggravated Incest – C.R.S. 18-6-302.

Other factors that would exclude a person from deregistering:

  • A person was designated a Sexually Violent Predator; or
  • An adult who had more than one conviction or adjudication for unlawful sexual behavior.

If you are looking to deregister as a sex offender, contact the best attorneys from the O’Malley Law Office at 970-658-0007 for a free initial consultation.

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