Removal from the Missouri Sex Offender Registry: Everything you need to know

Removal From the Missouri Sex Offender Registry

Since the passage of RSMo Section 589.041 in 2018, removal from the Missouri Sex Offender Registry is possible for many registered sex offenders in Missouri. Missouri’s sex offender registry, like those in other states, serves multiple purposes. Primarily, it is intended to enhance public safety by providing information about convicted sex offenders to law enforcement agencies and the general public. The registry includes details such as offenders’ names, photographs, addresses, and details of their convictions. Additionally, it is used by law enforcement agencies for monitoring and tracking sex offenders’ movements within the state.

The implementation of Missouri’s sex offender registry is governed by state laws and regulations. Offenders are required to register with local law enforcement agencies within a specified timeframe following their release from incarceration or upon being convicted of a qualifying offense. Failure to comply with registration requirements can result in additional criminal charges and penalties. Our St. Louis Criminal Defense Attorney has successfully helped numerous sex offenders get their name removed from the registry.

What is the Time Frame for Removal From the Missouri Sex Offender Registry?

Removal from Missouri sex offender registry is not automatic. Instead you must file a petition with the Court to be removed from Missouri’s sex offender registry. The waiting periods to filed the petition for removal are determined by which tier of sex offense you were convicted. The time frames you must wait before filing a petition for removal are set by RSMo Section 589.041:

  1. For tier 1 offenders, a period of ten years
  2. For tier 2 offenders, a period of 25 years
  3. Tier 3 offenders must remiain on the registry for life, unless they were a juvenile at the time of the conviction and a period of 25 years has passed.

What are the Conditions for Removal from the Missouri Sex Offender Registry?

In addition to the waiting periods listed above, certain conditions must also be met to be removed from the Missouri sex offender registry. These conditions include:

  1. The offender has not committed any crimes resulting in imprisonment of a year or more.
  2. The offender has not comitted any sexual crimes
  3. The offender has successfully completed a period of supervised release, probation, or parole
  4. The offender has successfully completed a sex offender treatment program
  5. Is not a current threat to public safety

What is the Procedure for Filing the Petition for Removal from the Missouri Sex Offender Registry?

If the conditions and waiting periods listed above have been met, the offender may file a petition to be removed from the sex offender registry in the Circuit court of the county where the offense took place. The petition must name the county sheriff and the Missouri State Highway Patrol as respondents to the petition. Furthermore, the prosecuting attorney must be notified of the petition.Failure of the person seeking removal or exemption from the registry to notify the prosecuting attorney of the petition shall result in an automatic denial of such person’s petition

The petition must contain the following information:

  1. The offender’s name, sex, race, date of birth, social security number, and place of employment.
  2. The offense and sex offender regisrty tier
  3. The date of the conviction
  4. That date the offender was required to register
  5. The case number, court, and location where the case was ajudicated
  6. The offender’s fingerprints on an applicant fingerprint card
  7. An authorized copy of the order if the conviction was pardoned or reversed

What Happens at the Hearing on the Petition for Removal from the Missouri Sex Offender Registry?

After the petition has been filed and the county sheriff, prosecutor, and Missouri State Highway Patrol have been served, the court will set a hearing date. The prosecuting attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. The prosecuting attorney in the circuit court in which the petition is filed shall have access to all applicable records concerning the petitioner including, but not limited to, criminal history records, mental health records, juvenile records, and records of the department of corrections or probation and parole. The prosecuting attorney is also  required to make reasonable efforts to  notify the victim, who may testify as to the reasons why he or she believes the offender should not be removed from the sex offender registry.

If the petition is granted the person is removed from the registry and no longer required to registry. If the petition is denied, the offender must wait for a minimum of five years before filing another petition to be removed from the sex offender registry.

How an Experienced St. Louis Criminal Defense Attorney Can Help

At the Law Offices of Brian J. Cooke, our experienced St. Louis Criminal Defense Attorney offers a free consultation to go over your case and determine whether you are a candidate for removal from Missouri’s sex offender registry. If you qualify from removal, we will fight on your behalf to obtain removal from the sex offender regisrty. We will gather the necessary evidence and craft compelling arguments to present at your hearing. If you or a loved one needs assistance with removal from the sex offender registry, please do not hesitate to give us a call.