Under C.R.S. § 16-22-113, those required to register as a sexual offender pursuant to a conviction obtained either in Colorado or another state, now residing in Colorado, have the opportunity to Petition to the Court to terminate their registration.
The discontinuance of Sex Offender Registration IS NOT AUTOMATIC!! You have to file a Petition asking the court to terminate your registration.
Be Aware the clock does not start running until you are discharged from your sentence. If you meet the following criteria you are eligible to Petition the court to discontinue your registration as a sex offender
(1) If the Offense you were Convicted of was a Class 1, 2, 3 Felony you must Register for 20 years.
a. As an Example: If you were sentenced in 1981 to serve 5 years in Prison or Probation and you were discharged in 1986, you would be required to register as a sex offender until 2006. At which point you would have to file a Petition to Discontinue Sex Offender Registration as the end of your registration is not automatic!!
(2) If the Offense you were Convicted of was a Class 4, 5, 6 Felony or Class 1 Misdemeanor, Unlawful Sexual Contact or Sexual Assault in the 3 rd degree, you must Register for 10 years.
(3) If the Offense you were Convicted of was a Any Other Misdemeanor, you must Register for 5 years.
(4) If your disposition is to a Deferred Sentence or the conviction was obtained when you were a Juvenile, you have the opportunity to file the Petition to Discontinue Sex Offender Registration as soon as you have successfully completed the stipulations of your sentence and the case has been dismissed.
This opportunity is available only to those who have not , prior to this sentence, been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior.
Under C.R.S. § 16-22-113, there are those individuals who are subject to Lifetime Registration. Those individual's are
(1) Any person who is a Sexually Violent Predator
(2) Any person convicted of the following
a. Sexual Assault or Sexual Assault in the First Degree under C.R.S. § 18-3-402.
b. Sexual Assault in the Second Degree under C.R.S. § 18-3-403.
c. Sexual Assault on a Child under C.R.S. § 18-3-405o.
d. Sexual Assault on a Child by One in a Position of Trust under C.R.S. § 18-3-403.5.
e. Sexual Assault on a Client by a Psychotherapist under C.R.S. § 18.3.405.5.
f. Incest under C.R.S. § 18-6-301.
g. Aggravated Incest under C.R.S. § 18-6-302.
(3) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.
** If you have any questions as to your eligibility to Discontinue Sex Offender Registration please do not hesitate to contact our office **
