At Copenhaver, Ellett & Derrico, our Roanoke criminal defense lawyers were recently contacted by a man interested in being removed from Virginia’s Sex offender Registry. We reviewed his case and confirmed that when he was 19-years-old, he was convicted of engaging in consensual sex with an underage female in another state. The man registered under that state’s requirements, before moving to Virginia, which at the time had no official registry.
Over the years, VA imposed their own registration requirement and eventually passed a law, where individuals can be removed after 15 years if it was a non-violent sexual offense. Since the man met the time requirements, we filed a petition and appeared at a hearing on his behalf. The prosecution initially contested our client’s removal because after reviewing his record it appeared that he had not consistently registered in Virginia.
Our attorneys argued that he had met his obligations because the Commonwealth’s sex offender registry was established years later. By citing case law that the criteria to be taken off should be considered 15 years from the initial registration as a sex offender, the judge ruled that he should be removed.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.