New York Sex Offender Registry Defense
Let Us Handle Your Sex Crime Defense
Most sex crime convictions in the state of New York will include mandatory registration with New York’s sex offender registry. This is a database made available to the public through an online resource and telephone hotline that describes the offender in detail including a picture and provides their physical address.
Information given on New York’s sexual offender registry includes:
Work and residence addresses
Crime related to registration
Description of any vehicles offender owns
Parole or probation information
Nearly any sex crime conviction will require registration, such as:
Sexual abuseSexual assault
In addition to the social stigma and embarrassment carried with being on a public list of this nature, the convicted offenders face the constant possibility of being denied jobs, child custody rights, education advancement opportunities, and living spaces. If you are facing a sex crime conviction, you have to be aware that mandatory registration on New York’s sex offender lists is a real possibility.
Sex Offender Registry Levels
New York State legislation categorizes registered sex offenders into three distinct categories, depending on how likely the offender is to repeat their actions or commit similar acts, according to the beliefs of law enforcement agents and the criminal court. The levels are broken down simply to Level 1, Level 2, and Level 3.
Level 1 – Low Risk:
- 20 Year Registration
- Information NOT available to the general public on the state sex offender website
- Limited community notification
Level 2 – Moderate Risk:
- Lifetime Registration
- Information available online including photograph, exact address, employer address, and details of the crime
- Increased community notification
Level 3 – High Risk:
- Lifetime Registration
- Information available online including photograph, exact address, vehicle and license plate number, employer address, and details of the crime.
- Must register current address in person every 90 days
- Additional proximity, residency, and presence restrictions
- Highest level of community notification
If you are a Level 1 offender, you need to update your information once a year and your picture once every three years for at least 20 years. If you are a Level 2 offender, you must update your information once a year and picture once every three years for the rest of your life. If you are a Level 3 offender, you must update your information once every 90 days and your picture once every year for the rest of your life.
Appealing Sex Offender Registration Rulings
Due to the fact that you will guaranteed to be on New York’s Sex Offender Registry for at least 20 years if the court demands you register, it is important that you do all you can to challenge that decision. With the help of our Rochester criminal defense attorney, you may be able to appeal the ruling and have it removed or reviewed by a higher court.
We will want to build up a strong case in your defense, showing that either your conviction was misled or that you pose no risk of re-offense and thus should not have your life and reputation permanently damaged by registration.
Who is Eligible for SORA Modifications in New York?
- Any person required to register or verify pursuant to SORA who is a risk level 2 or 3. Level 1 is the lowest and cannot be modified.
- A person who was designated as a sexual predator, a sexually violent offender or a predicate sex offender may apply for modification, however that designation cannot be removed.
What Must I Prove?
- That the current and future risk of repeat offense has changed.
- The threat to public safety is less than previously determined.
How Long Must I Wait After My Initial Designation Hearing?
While there is no law that deals with timing, it is recommended that a petitioner show a significant time in the community without re-offense. Some positive contributing factors include:
- History of stable employment
- Success in treatment
- Maintaining intimate relationships
- Social support
- Current age
- Risk assessment from a qualified clinician
Do You Have Questions? We Can Help.
If you would like to learn more about how our team can help you obtain a sex offender registry level reduction, do not hesitate to contact us to schedule a free consultation with an experienced attorney.