Juvenile Sex Offender Registration Termination
Currently, there is no way for an adult sex offender to petition the court to be removed from the sex offender registry. However, the Illinois legislator has created such a removal mechanism for adults who were placed on the sex offender registry as juveniles to petition the court for removal from the registry, even if they were required to register for life as a juvenile.
The procedures and requirements for this type of action are found at 730 ILCS 150/3-5(c), which provides that,
For a minor adjudicated delinquent for an offense which, if charged as an adult, would be a felony, no less than 5 years after registration ordered pursuant to subsection (a) of this Section, the minor may petition for the termination of the term of registration.
According to this section, “(d) The court may upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon the factors set forth in subsection (e).
After five years have passed since being placed on the registry, the defendant can file a petition in the juvenile court seeking to have his or her registration obligation terminated. A hearing is set on the petition that is filed, and if the defendant can prove that it is more probable than not that he or she no longer poses a risk to the community, the court can enter an order directing the Illinois State Police to remove the offender’s name from the registry.
When deciding whether a defendant has satisfied his burden of proof at the hearing, the court is required to consider the following factors:
- a risk assessment performed by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act;
- the sex offender history of the adjudicated juvenile delinquent;
- evidence of the adjudicated juvenile delinquent’s rehabilitation;
- the age of the adjudicated juvenile delinquent at the time of the offense;
- information related to the adjudicated juvenile delinquent’s mental, physical, educational, and social history;
- victim impact statements; and
- any other factors deemed relevant by the court. 730 ILCS 150/3–5(e).
Even though the burden of proof is relatively low in a case like this, it is still important to have a well-crafted and well-supported petition to resolve any doubt in the court’s mind about a defendant’s future danger to the community.
If you were placed on the sex offender registry as a juvenile and are now seeking assistance in removing your name from the sex offender registry, please contact attorney Nate Nieman for a free consultation.