Can I file a motion to be removed from sex offenders list?

Question Details:

I was convicted in 1994 of "Aggravated Felonious Sexual Assault" and did 7 years in Concord State Prison. The offense itself happened in 1989 when I was 14 years old. I have been out of prison for over 9 years without incident. I was evaluated in 2004 by the State Of Maine and deemed a very minimal threat of re-offending. I am classified as a "Tier 3 Offender" (the most serious) for life. I want to be removed from the list. Is there a chance? If so, what should my first steps be?

Asked 11/10/2009 under Criminal Defense | 359 View(s) | More Legal Topics

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Criminal Defense Law Answers

I think your chances of being removed from the list completely are essentially zero.  You can file the motion, but I don't think it's realistic, to hope you can go from the Tier 3 list to entirely out of the registry.  What makes more sense, although I can't tell you just how much more, would be to apply for a reclassification.

Your first step should be to talk to an attorney who has some experience with this, or a criminal defense attorney who represents sex offenders, at the very least.  Getting any kind of relief under these laws is extremely difficult even for veteran lawyers;  if a reputable attorney tells you that he won't take the case because he's pretty sure you can't win, I'd let that be the end of the road on this one, at least for now.

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