In many states, “delisting” is possible. After a few years, if the defendant has not reoffended, it’s possible to have one’s name removed from the sex offender registration list.

Delisting is usually not possible in Minnesota. However, a St. Paul criminal defense lawyer can help you minimize the effects of this post-conviction punishment.

Recently, some groups have tried to overturn the sex offender registration laws in Minnesota and elsewhere on Constitutional grounds. They may have an argument. But pretty much everyone agrees that sex offender registration requirements reduce recidivism. The first registration laws appeared in the mid-1990s. Since then, recidivism rates have gone down significantly. So, these laws are here to stay.

A better idea is to work within the system and achieve a favorable result. Given the rather vague language in Section 255.052, which is the pre-release registration requirement, such a result is usually possible. In other words, it may be possible to get off the sex offender registration list before you even end up on it.

Risk Level Determination

Prior to their release from a correctional or treatment facility, all sex offenders must be evaluated for possible reoffense. The review committee can review a wide range of public and private medical and criminal records during its deliberations.

After these deliberations are over, the committee must assign a threat level to the defendant. These levels are examined below. The committee may consider a number of factors, including:

• Severity of the offense, particularly with regard to the victim’s age, degree of harm, and amount of physical contact,
• Criminal history, especially with regard to any patterns of behavior,
• Offender’s substance use and response to treatment,
• Defendant’s support network in the community,
• Any statements the defendant made about possible reoffense, and
• Physical conditions, such as age or chronic illness, which mitigate against reoffense.

Assume Jerry was convicted of statutory rape against an underage girl. He had no criminal history, no substance abuse problem, and responded well to treatment. But he will live alone when he’s released, was overheard to make sexual references to young girls, and he is still a relatively young man.

Like many sex offenders, Jerry is a borderline case. So, Jerry needs to put his best foot forward at the committee meeting, where according to the law, he has “a right to be present and be heard.” So, a St. Paul criminal defense lawyer has a part to play here.

Just like the committee’s work begins before the meeting, Jerry’s work begins before the meeting as well. A knowledgable St. Paul criminal defense lawyer knows the sex offender factors backward and forwards. A lawyer can help Jerry accentuate the positive and minimize the negative.

Additionally, since Jerry has the right to be “heard” at the meeting, a St. Paul criminal defense lawyer may be able to play an active role there. An attorney might be able to bring additional evidence to the committee’s attention and help explain why some negative evidence should not be taken at face value.

Risk Offender Levels

After considering all the information, the committee must assign a risk level to all the Jerrys of the world based on their reoffense risk. Note that the risk of reoffense is the only factor. Things like the severity of the offense are only relevant in this context. The three levels in Minnesota are:

• Low Risk: If there is little likelihood of reoffense, only law enforcement agencies, and a few government agencies, will know about Jerry’s sex offense conviction. That’s a Level I offender.
• Medium Risk: Most offenders are Level II offenders. Law enforcement agencies and affected community groups, such as local churches, schools, and youth organizations, will learn about Jerry’s criminal past.
• High Risk: Level III offender information is released to the public at large. Additionally, law enforcement groups may hold community events where Jerry plans to live so that all his neighbors will know about his criminal past.

The registration requirement generally lasts between ten years and a lifetime.

If Jerry’s St. Paul criminal defense lawyer could not affect the outcome of the meeting, an attorney has another chance. Under Subdivision 6, Jerry can request an administrative review. An administrative law judge presides at this hearing. At the review, Jerry’s St. Paul criminal defense lawyer has the right to “present evidence in support of the offender’s position, to call supporting witnesses, and to cross-examine witnesses testifying in support of the committee’s determination.” Furthermore, Jerry’s St. Paul criminal defense lawyer has a “reasonable opportunity to prepare for the hearing.”

Count on an Experienced Attorney

An attorney can keep sex offenders off the sex offender registration list. For a free consultation with an experienced St. Paul criminal defense lawyer, contact Capitol City Law Group, LLC. Go online now, call us at (651) 998-7634, or stop by 287 6th St E, Suite 20, St Paul, MN 55101.