When can I petition to remove my name from the Missouri sex offender registry?
There are a few circumstances under which you may be entitled to early termination of your duty to register with the Missouri Sex Offender Registry:
- You are a Tier I offender in Missouri who has registered for 10 consecutive years or more;
- You are a Tier II offender in Missouri who has registered for 25 consecutive years or more;
- You are a Tier III offender in Missouri for an offense for which you were adjudicated delinquent as a juvenile and you have registered for 25 consecutive years or more; or
- Your offense falls on the exemption list of Section 589.401.9.
Is early termination from the Missouri sex offender registry automatic?
In addition to the time requirements set forth above, to receive early termination you must also satisfy the following requirements:
- Since registering as a sex offender, you have not been found guilty or have charges pending for another criminal offense for which imprisonment of more than 1 year may be imposed;
- Since registering as a sex offender, you have not been found guilty or have charges pending for any other sex crime;
- Successfully completed any periods of supervised release, probation or parole; and
- Successfully completed a sex offender treatment program certified by the state of Missouri or by the Attorney General of the United States.
What are the requirements for early termination of my duty to register?
Your name will not be removed automatically from the Missouri sex offender registry even if you are eligible. To be relieved of your duty to register, you must file a petition for early termination with the court in the jurisdiction in which the offense causing registration occurred.
The court will then hold a hearing on your petition. You may present witnesses and other evidence at the hearing. If the court determines from the evidence presented that you meet the requirements for early termination, it will issue an order stating that you no longer have a duty to register as a Missouri sex offender.
It usually takes about 6 months from the filing of a petition to get your duty to register terminated. Until your petition has been approved and the order has been entered, you must continue to comply with all sex offender registration requirements.
Does early termination “erase” my sex crime conviction?
All early termination does is remove your duty to register as a Missouri sex offender. It will not seal the record of your finding of guilt, restore your gun rights, or remove the duty to disclose the conviction on job and housing applications. You must still follow the restrictions listed in Chapter 566 (i.e., distance, location, and Halloween restrictions). The only way to fully restore your civil rights is to receive an unconditional pardon from the Missouri Governor.
It will, however, remove the obligation to notify the state of Missouri when you move and to provide an annual verification. Failure to register as a sex offender, first offense, in Missouri is a category E felony. It can be punished by up to 4 years in the Missouri Department of Corrections and a fine of up to $10,000.