How to Request Removal of Your Name from Utah’s Sex and Kidnap Offender Registry

Utah is one of the states that has both a lifetime and limited requirement for registration on the Sex and Kidnap Offender Registry. This means that there are various circumstances and timelines under which an individual may be eligible for removal from the registry.

We know that spending a lifetime on the registry can hinder rehabilitation and growth for those who genuinely strive to change, and we are here to support you. Below is a rundown of the ways someone might get off the registry. If you have any questions, our dedicated legal team is ready to help.

There is a set list of crimes in Utah for which registration is no longer required Those crimes are

• A class B or class C misdemeanor for enticing a minor
• Kidnapping
• Child kidnapping, if the offender was the natural parent of the child victim
• Unlawful detention
• A third-degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse
• Sodomy, but not forcible sodomy

Of course, removal related to these crimes hinges on various expectations, which include things like completing treatment and having no new offenses. The full details can be found on the Utah State Legislature’s website.

If you qualify for removal based on a conviction of the above listed crimes, the Department of Corrections may notify you in writing that you are no longer required to register. However, if you believe you qualify for removal and your name has not been removed, you can contact the Department of Corrections at registry@utah.gov and ask them to remove your name. That will start the process of the department confirming your status and eligibility. Once they determine your eligibility for removal, they will contact you within 30–60 days with their decision.

Removal by Pardon

If you were convicted of a crime that required you to register as a sex offender and then granted a pardon by the Board of Pardons, you qualify for removal from the registry. The Board of Pardons will instruct the Department of Corrections to remove your name and information relating to the pardoned conviction.

Removal by Request

If you have been convicted of a crime that is not listed above, you may still be able to request removal of your name. Fair warning, this process has many steps and can be complicated. For that reason, we recommend consulting with an expert defense lawyer who can help you understand your eligibility and complete the process.

If you have consulted an experienced legal representative and decide to move forward with a petition for removal, the steps are as follows.

1. Determine if you qualify
2. Apply for a certificate of eligibility
3. File the petition with the court
4. Deliver a copy of the petition to the office of the prosecutor that handled the original case
5. Attend all scheduled hearings
   

For more information about who might qualify and what the petition process entails, you can visit the Utah Courts website.

Closing note on petition denials: 

Keep in mind that if you are registered on a limited basis and you submit a petition for removal that is denied, you will have to wait three years to try again. If you are required to be on the registry for life and you submit a petition for removal that is denied, you will have to wait eight years to try again.

Finding an Experienced Defense Lawyer

As we mentioned before, the process for removing your name from Utah’s Sex and Kidnap Offender Registry can be complicated. Even for those who believe they qualify for automatic renewal, it’s helpful to have insight from an experienced lawyer. The legal team at Brown, Bradshaw & Moffat have decades of experience dealing with the sex offender registry and defending the rights of those who are required to register. We are ready to help you fight back and move forward.

Call us today at (801) 532-5297 for a free consultation for your case or a loved one’s case.