Yes. It didn’t used to be that you could petition for early removal, but now certain 10 year and lifetime registries are eligible for early removal in Utah. If you are convicted of very specific sexual crimes in Utah you will be placed on Utah’s sexual offense registry for 10 years or a lifetime registry.
Outside of early removal, sex offense registration is always for 10 years or lifetime, in addition to any probation, jail or prison sentence you may serve.
Example: Forcible Sexual Abuse Conviction. 2nd Degree Felony. 76-5-404. You are luckily sentenced to one year in the Utah County Jail plus AP&P supervision for 36 months upon your release. Forcible Sexual Abuse is a 10 year registry offense. Your 10 years registration period ends 10 years after your 36 months supervised probation, not 10 years after you plead guilty.
(A). 5 Year Early Removal: The following offenses qualify for early removal consideration:
(a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
(b) Section 76-5-301, kidnapping;
(c) Section 76-5-304, unlawful detention, if the conviction of violating Section 76-5-304 is the only conviction for which the offender is required to register;
(d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the offense, the offender is not more than 10 years older than the victim;
(e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the offender is not more than 10 years older than the victim;
(f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, the offender is not more than 15 years older than the victim; or
(g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
Timing: You must serve at least 5 years in addition to any sentence on the case.
Example: You serve one year in jail for voyeurism. A 10 year registrable offense. Additionally You are on probation for another year after you get out of jail. You must serve at-least five years since your sentence was terminated before you can petition the court for early removal.
No Convictions: You can’t have a criminal conviction post sentencing for the offense that required you to registry, excluding traffic offenses. You will be required to prove the “no convictions” requirement by obtaining a certificate of eligibility from the Utah Bureau of Criminal Identification.
Successfully Completion of the Case: You must have complied with every term of your sentence successfully. Any failure to pay fines, restitution or if the case closes unsuccessfully, you are not eligible for early removal. Any case you unsuccessfully complete you can never do an expungement on or win a 402 reduction motion.
(B). 10 Year Early Removal: In Utah all sex offense registration are either 10 year or lifetime. Some 10 year registration offenses noted above are subject to early removal at 5 years. Other 10 year registry offense are eligible for early removal after 10 years if:
Timing: At least 10 years have passed after the later of:
(a). The day on which you are placed on probation, or
(b). The day on which you are released from incarceration to parole, or
(c). The day on which your sentence is terminated without parole, or
(d). The day on which the you enter a community-based residential program.
No Convictions: You can’t have a criminal conviction post sentencing for the offense that required you to registry, excluding traffic offenses. You will be required to prove the “no convictions” requirement by obtaining a certificate of eligibility from the Utah Bureau of Criminal Identification.
Successfully Completion of the Case: You must have complied with every term of your sentence successfully. Any failure to pay fines, restitution or if the case closes unsuccessfully, you are not eligible for early removal.
(C). 20 Year Early Removal/Lifetime Registry:
If you were convicted of sexual offense that requires lifetime sexual offense registry, you can be removed from the registry after 20 years if the following occurs:
Timing: At least 20 years have passed after the later of:
(a). The day on which you are placed on probation, or
(b). The day on which you are released from incarceration to parole, or
(c). The day on which your sentence is terminated without parole, or
(d). The day on which the you enter a community-based residential program.
No Convictions: You can’t have a criminal conviction post sentencing for the offense that required you to registry, excluding traffic offenses. You will be required to prove the “no convictions” requirement by obtaining a certificate of eligibility from the Utah Bureau of Criminal Identification.
Successfully Completion of the Case: You must have complied with every term of your sentence successfully. Any failure to pay fines, restitution or if the case closes unsuccessfully, you are not eligible for early removal. you submit to an evidence-based risk assessment showing that:
Current Risk Assessment: You must have a current risk assessment and score low enough that the Board of Pardons and Parole require for parole termination.
(1). Hire a Proven Advocate. Going in alone to a public court hearing as a registered and convicted sex offender is an uphill battle. Hiring a proven courtroom advocate is critical for chances of success. Just think of the pressures the judge is under. The public dislikes sex offenders and the prosecutor will be gunning for you to remain on the registry. Give it your best shot with a proven advocate.
(2). Apply for BCI Certificate of Eligibility. You have to get fingerprinted at your local police station and submit a written application to the Utah Bureau of Criminal Identification to officially determine your criminal background. If you qualify for early removal, BCI will provide you an eligibility certificate that you file with the court.
(3). File a Petition for Early Removal with the Court. Filing a persuasive petition with the court for early removal is critical. The package you submit will include all social economic factors and commonly include
–Employment history and skills sets. Licensures, job descriptions, etc.
–Education background, training certificates, on-the-job certs.
–Family support. Housing history, marriage, children.
–Successful and current sexual offense treatment graduations or ongoing treatment. Letters from treatment providers and current sexual offense assessment from a qualified provider.
–Other community involvement. Church, religious. Prior military service.
(4). Attend the Court Hearing. Be prepared to offer live character witnesses, substance abuse, mental health and sex offense evaluations to the court. Bringing live testimony from your therapists and evaluators is very helpful for the judge to make a decision.
All factors of how you have rehabilitated your life and how you have become productive member of society are at play.