Deregistration under CRS 16-22-113 Start to get Sexual Offender Information Removed from the Internet and Get your Life Back Now

Deregistration questions and the free chart I use to help people understand when they are eligible for deregistration as a sexual offender. (as of 2020 in Colorado). Please use it as the reference tool

Appendix-C

DEREGISTRATION AFTER FINAL JURISDICTION OF THE COURT

The General Rule of thumb is you have to wait until you are released from the final jurisdiction of the Court. What is final jurisdiction? Typically that means:

1. discharge from incarceration;
2. discharge from commitment to the Department of Human Services;
3. final release from the jurisdiction of the court (the Court closes your case as finished probation typically)

LIFETIME REGISTRATION

There are certain crimes in Colorado you are registered as a sexual offender for life. You can never deregister as a sexual offender. The list includes convictions for a sexually violent predator; sexual assault; sexual assault in the first degree, as it existed prior to July 1, 2000; sexual assault in the second degree, as it existed prior to July 1, 2000; sexual assault on a child; sexual assault on a child by one in a position of trust; sexual assault on a client by a psychotherapist; incest; aggravated incest; any adult who has more than one conviction for unlawful sexual behavior (even if in the same case).

DEREGISTRATION: 20 YEARS AFTER

You are eligible for deregistration as a sexual offender 20 years from final jurisdiction from the Court FOR Class 1, 2, or 3 felony CONVICTIONS other than what is on the lifetime list above under Lifetime Registration.

DEREGISTRATION: 10 YEARS AFTER

You are eligible for deregistration as a sexual offender 10 years from final jurisdiction from the Court FOR Class 4 Felony, Class 5 felony or a Class 6 felony, Class 1 misdemeanor of unlawful sexual contact, or third-degree sexual assault as it existed prior to July 01, 2000.

DEREGISTRATION: 5 YEARS AFTER

You are eligible for deregistration as a sexual offender 5 years from final jurisdiction from the Court FOR all other misdemeanor convictions.

Deferred judgment and sentence, or deferred adjudication

You are eligible for deregistration as a sexual offender immediately after successful completion of the sentence so long as the court did not issue an order requiring continued registration.

Under the age of 18 at the time of adjudication

You are eligible for deregistration as a sexual offender immediately after successful completion of the sentence so long as the court did not issue an order requiring continued registration.

Failure to Register

You are eligible for deregistration as a sexual offender after FULL compliance with all registration requirements for at least one year; can petition only to discontinue posting on the Internet for failure to register.

Additional Information on Registration and Deregistration

Colorado Sex Offender Registration Act, C.R.S. 16-22-102 – C.R.S. 16-22-115

• Any person who was convicted on or after July 1, 1991, of an unlawful sexual offense as defined in 18-3-411 C.R.S. is required to register in Colorado.
• Any person who was convicted on or after July 1, 1991, in another state or jurisdiction of an offense that, if committed in Colorado, would constitute an unlawful sexual offense as defined in 18-3-411 C.R.S. is required to register in Colorado.
• Any person who was convicted or released from the Department of Corrections on or after July 1, 1994, for unlawful sexual behavior is required to register in Colorado.
• Any person convicted of an offense in any other state or jurisdiction, for which the person is, was, has been, or would be required to register if he or she resided in the state or jurisdiction of conviction is required to register in Colorado.
• Any person convicted of an offense in any other state or jurisdiction, for which the person would be required to register if convicted in Colorado, is required to register in Colorado.
• Any person who is convicted of a sexual offense and who “lacks a fixed residence” is required to register in Colorado.
• Sexually violent predators and/or adults convicted of the most serious sex crimes are required to register as sex offenders for life in Colorado with no possibility to discontinue the registration requirement.
• Adults convicted of certain sex crimes are allowed to petition the court to discontinue the registration requirement after they have registered successfully for specified time frames based on their crime of conviction.
• Juveniles may petition the court to discontinue the registration requirement following a successful terminal from court supervision.

Sexually Violent Predator (SVP), C.R.S. 18-3-414.5

• A sexually violent predator is an adult who has been convicted on or after July 1, 1999 of a sex crime in accordance with statute committed on or after July 1, 1997.
• An SVP’s victim must have been a stranger to the offender or a person the offender established a relationship with for the sole purpose of sexual victimization.
• An SVP must be likely to commit subsequent sex offenses based upon the results of a risk assessment screening instrument administered to the offender.
• The Colorado Bureau of Investigation (CBI) will assess offenders moving to Colorado from out of state who have been labeled at the highest registration and notification levels in the jurisdiction where their conviction was entered.
• Out of state offenders who satisfy the age, date of offense, and conviction requirements for SVP status in Colorado and were labeled the highest level in the state of conviction, will be equivalent to an SVP in Colorado.
• Out of state offenders who are designated to be SVP’s in the state of conviction will automatically be SVP’s in the State of Colorado.

Community Notification, C.R.S. 16-13-901 – C.R.S. 16-13-906

• Persons who are convicted of sexual offenses and who are identified as SVP’s pose a high enough level of risk to the community that private citizens should receive notification concerning the identity of these SVP’s.
• A technical assistance team was designed to assist local law enforcement in carrying out community notification to the public.
• This team provides general community education concerning sex offenders, including treatment and supervision of sex offenders and procedures to attempt to minimize the risk of vigilantism.
• Also provided to the public is specific information relating to the SVP living amongst them in the community, which will not include victim information.

Colorado Sex Offender Registration Act

• 16-22-102 Definitions.
• 16-22-103 Sex Offender registration – required – applicability – exception.
• 16-22-104 Initial registration – effective date.
• 16-22-105 Notice – requirements residence – presumption.
• 16-22-106 Duties – probation department – community corrections administrator – court personnel – jail personnel – notice.
• 16-22-107 Duties – department of corrections – department of human services – confirmation of registration – notice – address verification.
• 16-22-108 Registration – procedure – frequency – place – change of address – fee.
• 16-22-109 Registration forms – local law enforcement agencies – duties.
• 16-22-110 Colorado Sex Offender registry – creation – maintenance – release of information.
• 16-22-111 Internet posting of Sex Offenders – procedure.
• 16-22-112 Release of information – law enforcement agencies.
• 16-22-113 Petition for removal from the registry.
• 16-22-114 Immunity.
• 16-22-115 CBI assistance in apprehending Sex Offenders who fail to register.

Failure to Comply with Registration

• 18-1-202 Place of trial.
• 18-3-412.5 Failure to register as a Sex Offender.
• 18-3-412.6 Failure to verify location as a Sex Offender.

Sexually Violent Predators

• 18-3-414.5 Sexually violent predators – assessment – annual report.

Community Notification Concerning Sexually Violent Predators

• 16-13-901 Legislative declaration.
• 16-13-902 Definitions.
• 16-13-903 Sexually violent predator subject to community notification – determination – implementation.
• 16-13-904 Sex Offender Management Board – duties.
• 16-13-905 Local law enforcement – duties – immunity.
• 16-13-906 Division of Criminal Justice – technical assistance team.

Unlawful Sexual Behavior

• 18-3-411 Sex offenses against children – “unlawful sexual offense” defined – limitation for commencing proceedings – evidence – statutory privilege.

Convictions Requiring Registration

• 18-3-402 Sexual assault.
• 18-3-403 Sexual assault in the second degree (repealed).
• 18-3-404 Unlawful sexual contact.
• 18-3-405 Sexual assault on a child.
• 18-3-405.3 Sexual assault on a child by one in a position of trust.
• 18-3-405.4 Internet sexual exploitation of a child.
• 18-3-405.5 Sexual assault on a client by a psychotherapist.
• 18-3-305 Enticement of a child.
• 18-3-306 (3) Class 4 felony internet luring of a child.
• 18-6-301 Incest.
• 18-6-302 Aggravated incest.
• 18-3-502 Trafficking in children.
• 18-6-403 Sexual exploitation of children.
• 18-6-404 Procurement of a child for sexual exploitation.
• 18-7-302 Indecent exposure.
• 18-7-402 Soliciting for child prostitution.
• 18-7-403 Pandering of a child.
• 18-7-403.5 Procurement of a child.
• 18-7-404 Keeping a place of child prostitution.
• 18-7-405 Pimping of a child.
• 18-7-405.5 Inducement of child prostitution.
• 18-7-406 Patronizing a prostituted child.
• 18-7-701 Engaging in sexual conduct.
• 18-7-102 (1.5) Wholesale promotion of obscenity to a minor.
• 18-7-102 (2.5) Promotion of obscenity to a minor.
• 18-3-405.4 Internet sexual exploitation of a child.
• 18-7-301 (2)(b) Public indecency (If second offense is committed within five years of previous offense or a third or subsequent offense).
• 18-3-405.6 Invasion of privacy for sexual gratification.
• 18-3-302 (3)(a) Second degree kidnapping.
• 18-3-418 Unlawful electronic sexual communication.
• 18-3-405.7 Unlawful sexual conduct by a peace officer.