IOWA MAN SUCCESSFULLY REMOVED FROM SEX OFFENDER REGISTRY!
Once again, Nick Sarcone, of Stowers & Sarcone, PLC, has secured the successful removal of a very deserving client from the Iowa Sex Offender Registry!
REQUIREMENTS FOR REMOVAL FROM THE IOWA SEX OFFENDER REGISTRY
The Sex Offender Registry is a collateral consequence of most sex-offense related convictions. It often leads to a lifetime of stigma, unemployment and depression. So, in 2010 the Iowa Legislature created Iowa Code Section 692A.128 . 692A.128 sets out a procedure for applying to the Iowa District Court for removal from the Sex Offender Registry. If the Registrant meets certain threshold requirements, removal becomes possible. Once the requirements for removal are met, the removal question is up to the discretion of the Judge. Since, the decision is up to the discretion of the District Court, it is important to present a strong case for removal. Strong cases include persons who have limited criminal history, steady work, letters of recommendation and community support, few or no registry violations, etc.
Last Wednesday, February 1, 2017, after presenting a very strong case to the Iowa District Court in and For Polk County, the Court ruled in our client’s favor. Within a day, our client was no longer listed on the Sex Offender Registry. Nick has several more cases pending in District Court’s across Iowa.
CALL STOWERS AND SARCONE, PLC FOR A CONSULTATION
The stigma of being on the Sex Offender Registry does not need to last a lifetime. Nick Sarcone can help you get off the sex offender registry. It takes time, effort and good legal work but it is possible for you to live a stigma free life. Let Nick help you get off the Sex Offender Registry and get your life back!
Call Nick Sarcone at 515.224.7446
Last week Stowers & Sarcone successfully secured the removal of one of their clients from the Iowa Sex Offender Registry. The client met all of the criteria of Iowa Code Section 692A.128 and was determined to be a low risk to re-offend. The Judge agreed that our client should be removed from the Registry and entered an Order removing him. The Order was sent to the Iowa Sex Offender Registry headquarters and within minutes the client was removed from the website and his file was closed. This gentleman really did not need to be on the Registry any longer and poses no threat. We are excited that he now able to lead a normal life!
If you are on the Iowa Sex Offender Registry and would like to inquire about petitioning the court to modify your registration requirements contact Stowers & Sarcone at 515.224.7446.
Is it possible to get off the sex offender registry in Iowa? If so, how can you get off the sex offender registry? Actually, you can get off the Iowa sex offender registry. The process is cumbersome and having a lawyer who is skilled in the area, like Stowers & Sarcone, is very important. We at Stowers & Sarcone realize that the sex offender registry serves a purpose. We believe however, like the Iowa legislature, that every person should have the opportunity to be considered for removal from the registry after a certain period of time has passed and under certain conditions.
Iowa Code Section 692A.128 permits a registrant to request a modification, including removal, of his/her sex offender registry conditions. Requirements for a person must satisfy to be considered for modification or removal from the sex offender registry include:
1) 2 years must have passed since placement for Tier 1 registrants and 5 years must have passed since placement for Tier 2 & 3 registrants
2) The registrant must have successfully completed all required treatment programs
3) A validated (by the D.O.C.) risk assessment must have been completed indicating a low risk at reoffending
4) The registrant cannot be incarcerated
5) The director of the district department of corrections must stipulate to the modification if the registrant is under supervision
6) If the registrant is not under supervision the district department of corrections must agree to perform the risk assessment
If all of these preconditions are satisfied a registrant can file an application with the District Court either in the registrant’s county of residence or in the county of conviction to modify the terms of registration, up to and including removal from the sex offender registry. The modification or removal decision is discretionary with the Court. It is not enough that the registrant simply meets all of the preconditions for removal. The registrant must still convince a judge that removal is warranted.
A lawyer who is skilled in this area is particularly helpful. At Stowers & Sarcone, PLC we handle modification and removal cases. The sex offender registry serves an important purpose but many people remain on the registry for crimes which were never sexually deviant nor dangerous. Some also remain on the registry even after successfully completing treatment and long returning to a normal life. If you or a loved one want to be removed from the Iowa sex offender registry call us now! We can help. (515) 224-7446.