Can I Apply for Sex Offender Registration Relief in Oregon?
At Mark C. Cogan, P.C., our Oregon criminal defense attorneys understand that being convicted of a sex crime is life changing and results in being labeled as a sex offender on the state’s registry and the Department of Justice National Sex Offender Public Website for employers, lenders, and the general public to see through a single online search.
To counter these difficult circumstances and mandatory labels, our defense attorneys have established an expertise in relieving sex offenders from registry requirements through Oregon’s newly developed tier-system that has the potential to positively affect thousands of previously ineligible applicants.
Who Can Petition for Relief from Sex Offender Registration in Oregon?
The time to seek relief from the Board of Parole depends entirely on when a person was released from all supervision for their sex-crime, regardless of whether the person was on probation or post-prison supervision.
Level One Sex Offenders
Level one sex offenders may file a petition for relief from registration five years after the supervision date for the sex crime is terminated.
Level Two Sex Offenders
Level two sex offenders may petition the Board of Parole to reclassify their conviction to a level one sex offense after ten years, then add five years to petition for relief from registration; totaling 15 years.
Level Three Sex Offenders
Level three sex offenses are reserved for persons determined to be predatory, and/or who have been convicted of Oregon’s most serious sex crimes.
- Rape in the first degree
- Sodomy in the first degree
- Unlawful Sexual Penetration in the first degree
- Kidnapping in the first degree when done for a sexual purpose, or when the victim is under 18
- Burglary in the first degree when done for the purpose of engaging in any sex crime
Level three offenders must wait ten years from the end of supervision to petition the Board of Parole to reclassify their conviction to a level two sex offense.
These individuals are not eligible for relief from the sex offender registry.
Reclassification of sex crimes is a complex area of criminal law that requires an experienced attorney who can deliver solutions for your unique charges.
At Mark C. Cogan, P.C., our sex crimes attorneys in Oregon develop a strategic approach for each of our clients who are seeking reclassification or relief from sex offender registration because we know how important both are to their livelihoods.
What Are the Benefits of Gaining Relief from Sex Offender Registration?
In Oregon, our laws require a person convicted of sex crimes to register as a sex offender.
Failing to report as a sex offender can lead to a Class C Felony charge, and:
- Maximum sentence of five years in prison
- Fines of up to $125,000
If you are ordered to register as a sex offender, there is no escaping its far-reaching effects on your life — even if you move from the state in which you were convicted.
Every time you relocate to a different state you will be required by law to re-register on their database as well as become subject to that state’s laws regarding sex offenders. That includes the laws necessary to reclassify your conviction or petition for relief from sex offender registration.
Gaining relief from the sex offender registry provides opportunities that can include:
- Unrestricted residency, which allows you to live near parks, schools, playgrounds and daycare centers, so your housing options are unlimited.
- Employment advantages, as some laws forbid sex offenders from working in certain environments, you will no longer be restricted from pursuing certain positions.
- Eligibility to reevaluate child custody rulings, as sex offender registration could have been used against you during custodial matters.
- Reinstatement into the community, removing the prejudice or intolerance created by sex offender registration.
The benefits of sex offender registration relief are unique to each case.
How Can Mark C. Cogan, P.C. Help Provide Oregon Sex Offender Registration Relief?
At Mark C. Cogan, P.C., we strive to uncover evidence that will strengthen our client’s ability to successfully petition for sex offender registration relief.
We will prepare the petition for review by the Board of Parole, which will include the:
- Original police reports
- Court records
- Supervision records
- Treatment records
- Character letters
- Recent psychological evaluations or polygraph test results
If certain records are unavailable, we will advise our client to include a letter describing the efforts taken to obtain the records.
Once the Board members have reviewed the petition packet, our client is given the option to appear before the group by phone or in person.
The hearing is designed for the Board members to ask the registrant thoroughly prepared questions to follow up on the information outlined in the petition packet.
Sample question topics can include, but are not limited to:
- Why the offense took place and what the person should have done differently
- What are the person’s hobbies and who do they associate with
- What were the requirements of supervision
- What impact has the offense had on the person, the victim, and anyone else
- Is the person financially stable and what is their job
- Does the person have any other criminal history
- What would it mean for the person to be relieved from registration
Gaining relief from sex offender registration is not a simple matter, and any registrant who wants to file the proper petition to do so should not approach the complex process alone.
Our sex offender registration-relief attorneys leave no detail to chance when preparing you for the Board’s petition requirements and follow-up questions and will provide the instructions you need to establish closing remarks regarding why the Board should approve your important request.
The Board members will discuss your case privately before stating their decision. If relief is granted, the Board will send an order to the Oregon State Police to update their records.
If the petition is denied, the registrant must wait three years before re-applying for relief, which is why it is so important to be prepared for the Board’s requirements by establishing a professional partnership with a proven Portland sex crimes attorney at Mark C. Cogan, P.C.
If you have been convicted of a sex crime in Oregon, contact our experienced Portland criminal defense attorneys today by calling 503-827-8092 to schedule a free, confidential consultation where we will discuss your complete needs and provide real-time solutions for your unique circumstances.