Who is Eligible to Have Their Name Removed From the IL Sex Offender Registry?

 Posted on January 24, 2018 in Sex Crimes

When an individual is convicted of committing a sex crime in the United States, he or she may be required to register as a sex offender. Each state (and the District of Columbia) maintains its own sex offender registry and has its own set of laws that specify who is required to register as a sex offender within the state. For example, the statute that specifies who is required to register as a sex offender in Illinois is spelled out in code section 730 ILCS 152/115. Furthermore, each state also separately specifies the circumstances under which a registered sex offender within the state can petition to havehis or her name removed from the registry.

Consider the following information regarding the limited circumstances under which an individual can petition to havehis or her name removed from Illinois’ sex offender registry. Additionally, it is important to note that each situation is unique and that anyone who is interested in filing such a petition should consult with a local Illinois criminal defense lawyer about the specifics ofhis or her individual case.

Who is Eligible to File a Petition?

Under current Illinois law, any registered sex offender who was convicted as an adult in Illinois is generally ineligible to petition the court asking to havehis or her name removed from our state’s sex offender registry. However, a registered sex offender who was tried (i.e. adjudicated) and convicted (i.e. found to be delinquent) as a minor in juvenile court can petition to havehis or her name removed ifhe or sheis able to demonstrate thathe or sheno longer poses a risk to the community.

In order to determine whether or not a petitioning offender poses a risk to the community the court considers a variety of factors including:

• The offender’s history of committing sexual crimes,
• The steps that have been taken to rehabilitate the offender,
• The offender’s mental competence,
• The results of the offender’s risk assessment,
• How old the offender was when they committed the sex crime at hand, and
• Additional factors that the court considers to be relevant.

Pardons and Wrongful Convictions

It should also be noted that an adult who was previously ordered to register as a sex offender in Illinois and who has since been pardoned for the underlying crime at issue can also petition the court to havehis or her name removed from Illinois’ sex offender registry in some cases. Additionally, an individual who is found to have been wrongfully convicted of the underlying sex crime can also petition the court to removehis or hername from the registry.

Need Legal Advice? Contact a Local Criminal Defense Lawyer

If you or your minor child is interested in petitioning the court to have his or hername removed from Illinois’ sex offender registry, contact The Law Offices of Christopher M. Cosley at your earliest convenience. Dedicated Rolling Meadows criminal defense attorney Christopher Cosley, the sole attorney at The Law Offices of Christopher M. Cosley, has extensive experience defending clients in criminal cases throughout the greater Chicago area and would be happy to put his skill to work for you.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073001520K115