What Should I Do If Wrongly Required to Register as a Sex Offender in New York?

Being wrongly required to register as a sex offender can be an incredibly stressful and traumatic experience. I know you’re probably feeling scared, overwhelmed, and unsure of what to do next. The good news is, there are steps you can take to clear your name and get removed from the registry. Don’t lose hope – you can get through this.

First things first, take a deep breath. I know this situation seems daunting, but you’ve got this. The most important thing is to stay calm and think through your next actions carefully. You are not alone in this fight.

Verify Why You Are Being Required to Register

The first step is to verify exactly why you are being required to register. Request documentation from the court or law enforcement stating the reason. Carefully review the paperwork – are you being wrongly accused of a crime? Was there a clerical error? Understanding the root cause will help determine your path forward.

Consult a Criminal Defense Attorney

If it appears you are being wrongly required to register, immediately consult an experienced criminal defense attorney. Do not try to handle this alone. An attorney can review your case, advise if the requirement is valid, and fight on your behalf. They know the intricacies of sex offender registration laws and how to build a strong defense.

When meeting with attorneys, come prepared with any paperwork you have. Take detailed notes during consultations and don’t be afraid to ask lots of questions. Compare several attorneys before deciding who to hire. Look for those with proven experience handling sex crime cases and getting clients removed from registries when wrongly required to register. The New York State Sex Offender Registry has strict rules, so you need an attorney well-versed in the laws[1].

Understand New York Sex Offender Registration Laws

To build an effective defense, you and your attorney need to understand New York’s sex offender registration requirements in detail. There are three levels[3]:

• Level 1 (low risk) – Must register for 20 years minimum
• Level 2 (medium risk) – Must register for life
• Level 3 (high risk) – Must register for life and is listed on the public registry website

Review the Sex Offender Registration Act (SORA) closely[2]. Certain things may exempt you from having to register, like youthful offender status. There are also very specific procedures law enforcement must follow. Any deviation could make the requirement invalid.

Request an Exemption or Relief From Duty to Register

If it is determined the requirement is valid, your attorney can request an exemption or relief. For example, if the offense was a misdemeanor, you may request relief under Correction Law 168-o. The court may then exempt you from registering. Requirements can also sometimes be ended early through a petition process.

File an Appeal

If you are not granted an exemption at the lower court level, your attorney can file an appeal. Higher courts may overturn the requirement to register. Do not give up if you are denied initially. Keep fighting through every option available in the justice system.

Sue for Damages

If you are wrongly required to register, you may have grounds to sue the state for damages. An attorney can advise if you have a case. Financial compensation cannot make up for the trauma of being wrongly labeled a sex offender, but it may cover costs related to clearing your name.

Comply While Fighting

Until you are removed from the registry, you must comply with all requirements or risk further legal consequences. This includes things like[4]:

• Updating your address if you move
• Updating other information like employment or school enrollment
• Reporting regularly for verification
• Notifying law enforcement if you will be away from your address for more than a few days

I know complying feels unjust if you are wrongly required to register, but not doing so will only create additional legal issues. Follow your attorney’s guidance on properly complying while you fight removal.

Enlist Community Support

Gathering statements of support from credible people in your life can help demonstrate your character. Ask community leaders, employers, teachers, family, or friends to write letters on your behalf. Their perspectives could aid your attorney in proving the requirement is unjust.

Seek Counseling

Being wrongly labeled as a sex offender can negatively impact mental health. Seek professional counseling to help process this trauma. Therapists can also sometimes act as expert witnesses to speak about a client’s character.

Do Not Lose Hope

I cannot imagine how difficult this situation must be. Please know that you are not alone in this fight. Do not let shame or despair overtake you – you have done nothing wrong. With an experienced attorney, a solid defense, and determination, you can get through this. There are people rooting for you, and important legal options to explore. Don’t lose hope – you can get your name cleared.

Stay strong and know that this wrongful requirement does not define you. Brighter days are ahead. You’ve got this!

References

1. http://www.criminaljustice.ny.gov/nsor/
2. http://www.criminaljustice.ny.gov/nsor/claws.htm
3. https://www.cgmbesq.com/blog/2020/november/new-yorks-sex-offender-registration-act/
4. https://nycourts.gov/courthelp/criminal/sexOffenders.shtml
5. https://nycourts.gov/courthelp/criminal/sexOffenderConsequences.shtml
6. https://criminaldefense.1800nynylaw.com/new-york-sex-offender-registration-frequently-asked-questions.html