Asking to Remove Your Name from Sex and Kidnap Offender Registry

Whether you qualify to petition for removal from the Registry depends on what crimes you were convicted of, how long you were required to be on the Registry and what happened after your conviction.

If you were convicted of one of these crimes:

• enticing a minor under Utah Code 76-4-401 if the offense is a class A misdemeanor
• kidnapping under Utah Code 76-5-301
• unlawful detention under Utah Code 76-5-304 if that conviction is the only conviction that required you to be on the Registry
• unlawful sexual activity with a minor under Utah Code 76-5-401 if, at the time of the offense, you were not more than 10 years older than the victim
• sexual abuse of a minor under Utah Code 76-5-401.1 if, at the time of the offense, you were not more than 10 years older than the victim
• unlawful sexual conduct with a 16 or 17 year old under Utah Code 76-5-401.2, if at the time of the offense, you were not more than 15 years older than the victim
• voyeurism under Utah Code 76-9-702.7 if the offense is a class A misdemeanor, or
• a substantially similar offense in another state.

Then you must show that...

• at least five years has passed after the day on which your sentence for the offense terminated and
• the offense is the only offense for which you were required to register and
• you were not convicted of another offense (excluding a traffic offense) after the day on which you are convicted of the offense for which you are required to register as evidenced by a certificate of eligibility issued by the Bureau of Criminal Identification and
• you successfully completed all treatments ordered by the court or the Board of Pardons and Parole relating to the offense and
• you paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense

If you were required to register for 10 years after your conviction under Utah Code 77-41-105(3)(a), then you must show that...

• at least 10 years have passed after the later of:
  • the day on which you are placed on probation;
  • the day on which you are released from incarceration to parole;
  • the day on which your  sentence is terminated without parole;
  • the day on which the you enter a community-based residential program; or
  • or for  a minor, the day on which the division's custody of the person is terminated;
• you were not convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 10-year period after the date above, as evidenced by a certificate of eligibility issued by the Bureau of Criminal Identification
• you successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense and
• you paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense

If you were required to register for life under Utah Code 77-41-105(3)(c) then you must show that...

• at least 20 years have passed after the later of:
  • the day on which you were placed on probation
  • the day on which you were released from incarceration to parole
  • the day on which your sentence was terminated without parole
  • the day on which you entered a community-based residential program or
  • for a minor, as defined in Section 78A-6-105, the day on which the division's custody of the minor was terminated
• you have not been convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 20-year period after the above, as evidenced by a certificate of eligibility issued by the Bureau of Criminal Identification and
• you completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense and
• you have paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense and
• you submit to an evidence-based risk assessment showing that:
  • you meet the standards for the current risk assessment, score, and risk level required by the Board of Pardons and Parole for parole termination requests;
  • the assessment is completed within the six months before the date on which the petition is filed; and
  • describes the evidence-based risk assessment of the current level of risk to the safety of the public posed by you.

Apply for a Certificate of Eligibility for Removal of Name from the Registry issued by the Bureau of Criminal Identification (BCI). There is a fee to apply for the certificate. It will take time for BCI to issue the certificate.

BCI will perform a records check to determine whether you are eligible to have your name removed from the Registry.  BCI will request information from the Department of Corrections to see if you meet the eligibility requirements.  The Department of Corrections will issue a document to BCI indicating whether you qualify. 

If you meet all of the criteria for eligibility, BCI will issue you a certificate of eligibility. BCI will also give you a copy of the document from the Department of Corrections.  You will need to attach both of these documents to your petition. File the petition to remove their name from the Registry immediately after receiving the Certificate of Eligibility - the certificate must be filed within 90 days from the date it is issued.

There is a fee to apply for the certificate and a separate fee to issue the certificate. You must pay the application fee when submit your application. You must pay the issuance fee before BCI will issue the certificate.

If you want to have the certificate of eligibility sent to someone other than yourself, you must also complete BCI's Third Party Release form and submit it with your Application.

File a petition with the court, as well as a copy of the original Information (the document that charged the person with a crime), and a copy of the court docket.  The petitioner should also attach the Certificate of Eligibility provided by BCI, and the document regarding eligibility from the Department of Corrections.

File the petition using the same case number of the original case.

Deliver a copy of the petition, along with your certificate of eligibility and the document from the Department of Corrections, to the office of the prosecutor. If the prosecuting attorney was the state of Utah, serve the county prosecutor. You can find a list of names and addresses for county prosecutors here. If the prosecuting attorney was for a city you can use this tool to find contact information for the city's attorney

The prosecutor will mail a notice to the victim (if there is one) informing them that a petition has been filed. The notice will inform the victim that they have a right to respond to the petition by filing a recommendation or objection with the court within 45 days after the day the petition is mailed to the victim.

The prosecutor must provide the following to the court within 30 days of receiving the petition, if available:

• presentencing report
• any evaluation done as part of sentencing and
• any other information the office of the prosecutor feels the court should consider.

After the Petition is Filed the judge will review the petition and all documents submitted. The court will schedule a hearing if one is requested by the prosecutor or the victim.

To grant a petition for removal, the Judge must find that you are eligible for removal and it is not contrary to the interests of the public to remove your name from the Registry. In deciding whether removal is contrary to the interests of the public, the court may not consider removal unless you have substantially complied with all registration requirements at all times.

The court must also decide whether you have demonstrated by clear and convincing evidence that you are rehabilitated and do not pose a threat to public safety.  Some of the factors that a court may consider include:

• The nature and the degree of violence involved in the offense that requires registration
• The age and number of victims of the offense that requires registration
• Your performance while on supervision for the offense that requires registration
• Your stability in employment and housing
• Your community and personal support system
• Other criminal and relevant non-criminal behavior of the petitioner before and after the offense that requires registration
• The level of risk posed by the petitioner as evidenced by a risk assessment (if available)
• Any other factors the court finds relevant

If the petition is granted:

If the judge grants the petition, the court will send a copy of the order directing removal of the offender from the Registry to the department and the office of the prosecutor.

If the petition is denied:

If the judge denies your petition, you may not submit another petition for three years. If you are required to register for life and your petition is denied, you cannot submit another petition for eight years.