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Sex Offender Registry Removal Laws in Marion, SC
South Carolina requires those who are identified as sexual offenders or predators to be listed on the sex offender registry, except under particular circumstances, such as if you’ve been fully pardoned or the court has set aside your conviction. Recent changes in state laws, however, include expanded opportunities for removal from the sex offender registry, and this could apply to you. Because the road forward toward removal is fraught with legal challenges, it is always advisable to work closely with an experienced sex crime defense attorney in Marion, SC.
The Possibility of Removal
Those who are convicted of sex crimes are generally required to register as sex offenders after their release from jail, prison, or community supervision. Since a 2021 ruling by the South Carolina Supreme Court, however, there are now specific situations in which you can seek a removal of this requirement. The process involves requesting a hearing and demonstrating that you are unlikely to re-offend.
Qualifying Factors
To qualify for removal – or for having your name removed from the sex offender registry – each of the following must apply:
- You’re on the registry for the minimum period required, which is guided by the tier in which your offense is categorized – from Tier I to Tier III, which reflects charges that go from least to most serious
- You must have completed all the sex offender treatment programs required of you
- Not have any additional sex offense convictions on your record since you were initially placed on the registry
- You must file your request for termination of registration with either the general sessions court, for Tier III offenders, or with SLED, for Tier I and II offenders
- Paying a fee is also required
It’s essential to note that Tier III offenders are not eligible for removal from the registry until at least 30 years have passed since they completed their sentences and fulfilled any community supervision requirements.
An Unexpected Turn of Events
South Carolina has some of the strictest sex crime laws and corresponding punishments in the nation, and in the past, inclusion on the sex offender registry was for life. Since the state’s new ruling, however, some registrants have successfully had their names removed, which is an unexpected shift that inspires hope in many. If you are among the hopeful, you shouldn’t wait to reach out for the skilled legal representation you need.
Our Experienced Defense Lawyers Can Help
There is now a possibility of removal from the sex offender registry in South Carolina, but it’s important to point out just how legally challenging the process can be. If you are on the registry and hope to qualify, the sex crime defense attorneys at L. Morgan Martin are on your side. We are committed to unleashing the full force of our impressive experience and legal insight on your behalf. Learn more by contacting us online or calling us at 843-248-3177 today.