Petition to Discontinue Sex Offender Registration in Larimer County
Plea Deal Creates Issue

When handling cases involving a sexual nature in Fort Collins and Larimer County, registering as a sex offender is a major advisement we give our clients. If at all possible, we work to either make it so our clients enter into some agreement where they don’t have to register at all, or where they have the opportunity for relief from that registration requirement at some point. It’s not always possible, depending on the severity of the case, but it always something we consider. One of the quicker routes to allowing a client to petition to discontinue sex offender registration (deregistration) is through a deferred judgement and sentence. Instead of waiting out a certain period of time after completing the sentence, this would allow the person to petition the court to deregister immediately upon successful completion of the deferred sentence and dismissal. While it is not a guarantee that a judge will allow it, it does provide some hope that the option is available.

Loveland Deferred Judgement and Sentence Related to Sex Offender Registration

Recently, the Colorado appeals court made a ruling regarding a man’s ability to petition to deregister after his successful completion of a deferred sentence. According to the article, the man had a deferred judgement to Attempted Sexual Assault. He also plead guilty to two charges of Assault. Upon completing the deferred sentence, he filed to deregister. However, the Court denied, saying that he was ineligible. The decision was appealed and the appeals court upheld it – stating that it didn’t matter that the charge was dismissed, it would have had to have been the whole case dismissed. The two other non-sex Assault charges were not deferred, so the man has to wait out the time period to petition to discontinue sex offender registration – in his case, 10 more years.

Waiting Periods for Petitioning to Discontinue Sex Offender Registration in Colorado

TIMELINES FOR SEX OFFENDER DEREGISTRATION IN COLORADO

• Class 1, 2, or 3 felony – 20 years from the end of the sentence
• Class 4, 5, or 6 felony, Class 1 misdemeanor Unlawful Sexual Contact – 10 years from the end of the sentence
• Sexual Exploitation of a Child (C.R.S. 18-6-403(3)(b.5) – 10 years from the end of the sentence
• Other misdemeanors (like Indecent Exposure) – 5 years from the end of the sentence
• Once a sex case is dismissed upon successfully completing a deferred judgement and sentence, then the person can petition the Larimer County Court to discontinue sex offender registration.

WHO CANNOT PETITION TO DEREGISTER (LIFETIME REGISTRATION) IN COLORADO:

• If you are required to register quarterly, you are not eligible to deregister;
• If you have been designated a Sexually Violent Predator, you are not eligible to deregister; or
• If you have more than one conviction for a sexual offense, you are not eligible to deregister.

If you have been convicted of a sex offense and think you may be able to petition to discontinue sex offender registration, call the experienced attorneys from the O’Malley Law Office today at 970-658-0007! We can review your case, advise you on the proper timeline, and file the petition with the court, if appropriate. We will also make arguments in court if the case is set for hearing. Together, we can protect your future.

Image by Arek Socha from Pixabay