The state requirements for registration on the Utah Sex and Kidnap Offender Registry have time limit requirements of 10 years for many registrants and a lifelong requirement for others. Those with the time limit on their registration become eligible to apply to have their names removed from the registry after the required period in the database has elapsed. Under Utah sex offender registry laws, there are various ways a person can qualify to have his or her information removed from the registry.
If you have become eligible to discontinue your inclusion in the database, here is some information on how to remove your name from the sex offender registry in Utah.
3 Ways To Become Eligible for Removal from the Registry
Here are explanations of the several ways a person may be able to have his or her information removed from the Utah sex offender database, which is maintained by the Utah Department of Corrections. Note that each approach has its own process for ensuring in advance that you are eligible to request removal from the database:
If the Crime No Longer Requires Registration
Conviction of certain crimes in Utah no longer requires entry into the sex offender registry. For a list of such crimes, see the Department of Corrections’ community notifications page. A few examples include:
- Voyeurism (Class A misdemeanor)
- Unlawful Detention
- Enticing a Minor (Class B or C misdemeanor)
Removal of names already on the list requires entrants to meet certain criteria for removal, which include completing necessary treatment, and not committing new offenses, among others.
If You Have Received a Pardon
If a person has been convicted of a crime that required registration on the Utah sex offender registry but has been granted a pardon by the Utah Board of Pardons & Parole, he or she is eligible for removal from the registry database. The Board of Pardons will notify the Department of Corrections of the pardon and instruct the DOC to remove the person’s name and other information from the database.
If You Request Removal
In cases of some types of crimes in Utah, a person convicted may become eligible to request a reduced term of being listed in the sex offender registry. First, 5 years must pass after the individual has completed his or her sentence. Then, the person convicted of one of the offenses listed as eligible for reduced time on the registry may be permitted to petition the Department of Corrections for approval of early removal from the registry database.
Even if the crime for which you were convicted is not on the list of those no longer requiring registration, you may be eligible to have your name removed from the registry. The process for having your name removed is complex and involves a number of steps to apply.
If you want to request the removal of your name from the Utah sex offender registry, it is recommended that you discuss your situation with a Utah criminal defense lawyer experienced with these requests. Your lawyer will help you complete the application process.
First, consult with a lawyer experienced with requirements for entry into and removal from the Utah sex offender registry. If you decide to ask the DOC for early removal, these are the steps you will need to take to attempt to have your information eliminated from the registry:
- Confirm that you are eligible to request early removal from the registry.
- Submit an application for a certificate of eligibility for removal from the registry.
- File your petition for early removal with the DOC.
- Deliver a copy of your petition to the original prosecutor in your case.
- Attend all required hearings scheduled.
How Will I Know If I’m Removed From the Registry?
When the Department of Corrections has determined that you are eligible to have your information removed from the Utah sex offender registry, the DOC will notify you within 30 to 60 days of their decision. If your request for early removal from the registry is not approved, you can apply again in 3 years.
Get Help for Removal from the Sex Offender Registry
As you can see from the above information, the process for having your information removed from the sex offender registry in Utah is complex. Even for registrants who are confident that they are eligible for removal from the database, it’s important to obtain guidance from an experienced Utah criminal defense lawyer.
You need to do everything regarding your petition according to the rules and approach the effort with the benefit of your attorney’s full knowledge of the laws in your case for removal. That will ensure that you do not cause your request to fail due to avoidable missteps.
Wasatch Defense Lawyers, for Sex Offender Registry Help
We have many years of experience with the Utah criminal justice system, including sex offender registry requirements and removal issues. We’re here to help you handle your request to the DOC if you believe you are eligible to apply for removal from the registry.
For help requesting the removal of your name from the Utah sex offender registry, call Wasatch Defense Lawyers at (801) 980-9965, or use our online request.
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