Understanding the Consequences of a Sex Crime Conviction
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In the Massachusetts criminal justice system, when a defendant is convicted of a sex crime, whether by guilty plea or guilty verdict after trial, he or she is subject to the collateral consequence of a sex offender registration requirement. Most convicted sex offenders are actually required to register. However, in certain limited circumstances, a defendant may apply to the Court for relief from the registration requirement.
Criteria for Relief Under Massachusetts Law
Under M.G.L. c. 6, § 178E (f), a Massachusetts trial judge has the power to relieve certain convicted sex offenders from the sex offender registration requirement, if application is made with the Court within 14 days of sentencing, and the applicants meets the following criteria:
- (1) the defendant must not have been sentenced to immediate confinement;
- (2) the convicted offense did not involve a child with the exception of possessing child pornography;
- (3) the offense was not a sexually violent offense;
- (4) the defendant was not previously convicted of two or more sex offenses;
- (5) the defendant is not subject to minimum term or lifetime of sex offender, registration;
- (6) the defendant has not been deemed a sexually dangerous predator; and
- (7) the defendant does not pose a risk of re-offense nor is he a danger to the public. It is the defendant’s burden to establish these criteria before he or she will be relieved from the sex offender registration requirement.
Steps to Take When Petitioning for Relief
In order to maximize the chances of success with securing this extraordinary relief, the defendant and his attorney should prepare a written motion to court with a supporting legal memorandum outlining how and why the defendant meets the statutory criteria.
Furthermore, undergoing an independent sexual psycho evaluation is highly recommended, as these evaluations, dependent on outcome, may be powerful tools to establish that a defendant is not a sexually dangerous predator, does not pose a risk of re-offense, and is not a risk to the community.
In essence, a petition seeking relief from the sex offender registration requirement essentially aims to persuade the Court that sex offender registration should not be required because it would not enhance public safety and will only serve to impede the defendant’s ability to be a productive member of society. Again, it is the defendant’s burden.
Contact an Experienced Sex Offense Defense Lawyer
If you have been accused or convicted of a sex crime in Massachusetts and have questions about seeking relief from the sex offender registration requirement, contact Massachusetts Sex Offense Defense Lawyer, John L. Calcagni III, or (401) 351-5100.