Removal from Sex Offender Registry

Criminal Defense Lawyer Protecting the Rights of Nashville Area Residents

Individuals on Tennessee’s Sex Offender Registry not only face mandatory reporting requirements and living restrictions, but may also experience public stigma. Removal from the Sex Offender Registry in Tennessee is a concern for many people who have served their sentence and complied with the conditions required under the law. Nashville sex crime attorney Bernie McEvoy recognizes the burdens and loss of privacy caused by one’s status as a sex offender. He can assist individuals in Davidson or Williamson County who are eligible for removal from the Sex Offender Registry in Tennessee, or who have questions about their eligibility.

Removal from the Sex Offender Registry in Tennessee

Pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act, a person convicted of a sexual offense must register as a sex offender. The Tennessee Sex Offender Registry is a searchable database with information about registered sex offenders, and is available to the public. At some point, however, certain people may qualify for removal from the Sex Offender Registry. Individuals who have been convicted of an offense that is classified as a “sexual offense” may be eligible for removal either ten years after completing their sentence, or after being registered in Tennessee for at least five years, whichever is the later date. An offender with an eight year sentence, for instance, would have to wait a total of at least eighteen years before they may be removed from the Sex Offender Registry. The period may be longer if the offender has not substantially complied with all probation, parole, and/or sentencing requirements. One or more subsequent convictions for failure to register, for example, may not be considered substantial compliance and result in a longer wait before registration requirements may be terminated.

Other Relevant Factors

In addition to the ten year waiting period, there may be other circumstances that qualify someone for removal from the Tennessee Sex Offender Registry. A sex offense conviction that has been expunged, overturned, or vacated may be grounds for removal. A successful appeal or a withdrawn guilty plea may also qualify someone for removal. A person convicted of certain statutory rape offenses may apply for removal from the Sex Offender Registry if the age difference between the offender and the victim was less than ten years at the time of the offense. Juvenile sexual offenders and individuals classified as Violent Juvenile Sexual Offenders may be eligible to apply for termination from the Sex Offender Registry once they have reached the age of 25 and have not been convicted or adjudicated for any subsequent qualifying crimes.

Some people on the Sex Offender Registry are not eligible for removal. Individuals convicted of a sexual offense that is classified as “violent” are generally not eligible for removal from the Tennessee Sex Offender Registry. Violent sex crimes include rape, aggravated kidnapping, aggravated sexual battery, and solicitation, among others. In addition, offenders with two or more sex crime convictions are also not eligible for removal. Once you are eligible for termination of the registration requirements, you will not be automatically removed from the Sex Offender Registry in Tennessee. In most situations, sex offender registry removal may be done by filing a written request for termination of registration requirements with the Sex Offender Registry. A knowledgeable sex crimes attorney can assist you by notifying the proper authority on your behalf and providing any proof or supporting documentation needed to process the request for removal.

Discuss Removal from Sex Offender Registry with a Nashville Attorney

Nashville lawyer Bernie McEvoy can provide guidance to individuals who are subject to sex offender registry requirements, as well as assist them in requesting removal whenever possible. He serves areas throughout Davidson and Williamson Counties, including Nashville and Franklin. Contact the Law Office of Bernie McEvoy to schedule a free consultation by using the contact form on our website or by calling (615) 255-9595 during business hours or (615) 804-8779 on nights and weekends.