How doI get a petition to modify a sex offender risk level?

I was young when I took this guilty plea and as I got older it haunts me. I want it to be over. How and what do I need to do?

Asked on December 9, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that a sex offender, who is required to register pursuant to the Sex Offender Registration Act, may seek a downward modification of his or her risk level status pursuant to Correction Law § 168-o [2] .   The burden is on the sex offender to establish by what is known as clear and convincing evidence that the requested modification is warranted (see Correction Law § 168-o [2] ).  That does not just mean that you have omplied with all your requirements of probation and stayed out of trouble, etc.  Were you adequately represented by counsel when you took the plea?  How "young" is "young?"  It is a very big burden to overcome.  I would consult with an attorney in your area prior to filing the petition.  

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that a sex offender, who is required to register pursuant to the Sex Offender Registration Act, may seek a downward modification of his or her risk level status pursuant to Correction Law § 168-o [2] .   The burden is on the sex offender to establish by what is known as clear and convincing evidence that the requested modification is warranted (see Correction Law § 168-o [2] ).  That does not just mean that you have omplied with all your requirements of probation and stayed out of trouble, etc.  Were you adequately represented by counsel when you took the plea?  How "young" is "young?"  It is a very big burden to overcome.  I would consult with an attorney in your area prior to filing the petition.  


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