An individual that is classified as a “Recidivist”, a “Sexually Violent Predator” or an “Aggravated Offender” is required to maintain registration for life. All other offenders shall maintain a period of registration for at least ten (10) years following the date of initial registration.
An registered offender who is not classified as a “Recidivist”, a “Sexually Violent Predator”, or an “Aggravated Offender” may petition the superior court in the district where the offender resides to terminate the registration requirement ten (10) years from the date of initial county registration, if the offender has not been convicted or a subsequent offense requiring registration.
The court may grant relief and order the offender off the registry if:
1. The offender can show he or she has not been arrested for any crime that would require registration,
2. The requested relief complies with the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the terminationof a registration requirement or required to be met as
a condition for the receipt of federal funds by the State, and
3. The court is otherwise satisfied that the petitioner is not a current or potential threat to public safety.
Additionally, the district attorney in the district in which the petition is filed shall be given notice of the petition at least three weeks before the hearing on the matter. The petitioner may present evidence in support of the petition and the district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reason why the petition should be denied.
If the court denies the petition, the person may again petition the court for relief one year from the date of the denial of the original petition to terminate the registration requirement, the clerk of court shall forward a certified copy of the order to the Division to have the person’s name removed from the registry.