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  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Post Iowa Sex Offender Registry

    I am from a small town in Iowa and this is my story. When I was 18 I hooked up with a guy from my school. Six months later he told some friends I raped him. The cops hauled me in for questioning and even searched my parents house and car. They could find no evidence that rape happened (because it didnt). The police felt the need to do something, so I was charged with 5 counts of indecent exposure. This was due some supossed parties that I went to and also from the hooking up with the original guy. How ever I got offered a plea bargain that allowed me to reduce it one count. My attorney advised me to take this deal, so I did.

    My punishment was a two year propation and during that time I was to be on the registration. Now the two years is up and the Office of Public Safety won't let me off the registry. Even though in the plea it says that I am only required to register while on probation. I feel like the state isnt holding up to their end of the bragain. This situation has already cost me a job and countless dollars in court costs. I want off the registry so I can close that horrible chapter in my life. Not to mention the embarassment that it causes me and my family. Any help would be greatly appreciated. Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Iowa Sex Offender Registry

    The registration requirement is because the victim was deemed to be a minor? I don't see a provision in the sex offender registration statute which would permit the shortening of the registration period:
    Quote Quoting Iowa Code 692A.2 Persons required to register.
    1. A person who has been convicted of a criminal offense against a minor, an aggravated offense, sexual exploitation, an other relevant offense, or a sexually violent offense in this state or in another state, or in a federal, military, tribal, or foreign court, or a person required to register in another state under the state's sex offender registry, shall register as provided in this chapter. A person required to register under this chapter shall, upon a first conviction, register for a period of ten years commencing as follows:
    a. From the date of placement on probation.

    b. From the date of release on parole or work release.

    c. From the date of release as a juvenile from foster care or residential treatment.

    d. From the date of any other release from custody.
    2. If a person is required to register for a period of ten years under subsection 1 and the period under subsection 1 has expired, the person shall be required to remain on the registry if the person has been sentenced to a special sentence as required under section 903B.1 or 903B.2, for a period equal to the term of the special sentence.

    3. If a person is placed on probation, parole, or work release and the probation, parole, or work release is revoked, the ten years shall commence anew upon release from custody. If the person who is required to register under this chapter is incarcerated for a crime which does not require registration under this chapter, the period of registration is tolled until the person is released from incarceration for that crime.

    4. If a person violates any of the requirements of section 692A.4 , the person shall register for an additional ten years beginning from the date the first registration period ends as calculated under subsection 1 or from the date the special sentence ends under subsection 2 if the person received a special sentence, whichever is longer.

    5. A person who is required to register under this chapter shall, upon a second or subsequent conviction that requires a second registration, or upon conviction of an aggravated offense, or who has previously been convicted of one or more offenses that would have required registration under this chapter, register for the rest of the person's life.

    6. A person is not required to register while incarcerated, in foster care, or in a residential treatment program. A person who is convicted, as defined in section 692A.1 , of a criminal offense against a minor, sexual exploitation, a sexually violent offense, or an other relevant offense as a result of adjudication of delinquency in juvenile court shall be required to register as required in this chapter unless the juvenile court finds that the person should not be required to register under this chapter. If a juvenile is required to register and the court later modifies the order regarding the requirement to register, the court shall immediately notify the department. Convictions of more than one offense which require registration under this chapter but which are prosecuted within a single indictment shall be considered as a single offense for purposes of registration.

    7. A person who has been convicted of an offense under the laws of this state or of another state which would qualify the person as a sexually violent predator shall register as provided in this chapter for life.

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Iowa Sex Offender Registry

    No the registration requirement stems from the fact that indecent exposure is a registerable crime in Iowa. I also forgot to mention a few things last night (due to lack of sleeping trying to solve this problem). The count that I pled guilty to was not against a minor, but rather an 18+ female.

    Also following the plea of guilty, I was granted a deferred judgement. The clause in the paper work written by the county attorney and signed by a judge states that registration only durring the period of probation.

    Furthermore, this summer I was released from probation and my attorney advised that I have my records sealed and expunged. So I had this done, this was signed by the same judge that granted the deferred judgement. The judge agreed that I should be off the list. He is even willing to go so far as to order the department of public safety to remove me. However he is concerned that they won't comply.

    All in all I now stand with what appears to be a clean criminal record and a yet still a sex offender for something that on paper never happened. The thing that upsets me most is that, 1.) the county attorney wants to see me off the list 2) the judge wants to see me off the list and I can't make that happen. I mean for goodness sake is the Dept. of Public Safety above listening to people or what? Thanks for anything you can offter. If there is anymore info I can provide let me know.

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