Can You Terminate Sex Offender Registration in Arizona?

Individuals convicted of a sexually based felony offense in Arizona may see the consequences last their entire lifetime.

Part of the sentence involves adding one’s name to the Arizona sex offender registry, which the convicted person must do upon their release from prison or jail or along with their probation.

Anyone over 18 must register - often for life. However, in some cases, you may be able to have your name removed from the registry, depending on a few factors in your case.

A skilled Arizona criminal defense lawyer from Brandon White Law can help you start the process.

Understanding Arizona Sex Offender Registration Requirements

Arizona’s state sex offender registry is a database of all convicted sex crime offenders who live, work, or go to school in Arizona.

Each state is required to have a sex offender registration compliant with the federal regulations noted in Megan’s Law. Arizona’s registry is governed under the statutes contained in ARS 13-3821.

Arizona laws and Megan’s Law require people convicted of the following crimes to register on the sex offender list:  

• Sexual assault;
• Sexual conduct with a minor;
• Unlawful imprisonment of victims under 18;
• Child molestation;
• Kidnapping victims younger than 18 years;
• Repeated continuous sexual abuse of a child;
• Sexual abuse involving a victim younger than 18;
• Sexual exploitation;
• Commercial sexual exploitation of a minor;
• Sexual assault of a spouse;
• Unlawful age misrepresentation;
• Child sex trafficking involving child prostitution;
• Second or repeated violation of public sexual indecency to people younger than 15;
• Failure to register as a sexual offender;
• Public urination.

The registration, which must be done in person, involves collecting certain information from each individual.

This information includes:

• An electronic fingerprint;
• Online identifiers, such as an email address or screen name;
• Names and aliases;
• Mailing address;
• Blood sample;
• Current photo.

Arizona sex offenders must register within ten days of being convicted. The initial registration fee is $250, with a $100 annual fee for every year the registrant is on the list. Arizona sex offenders must re-register each year and update any information changes. Arizona law allows for lifetime registration for many offenses.

Furthermore, the Arizona Department of Corrections (DOC) must update its registration within three days with the Department of Public Safety (DPS) and the county sheriff where the individual will live before releasing convicted sex offenders.

Arizona Sex Offender Notification Laws

When a convicted sex offender is released from prison or jail, the community they will be moving to is alerted to their presence. Notifying affected communities falls under the responsibility of the Community of Notification Guidelines Committee.

This committee is made up of county attorneys, legislators, city chiefs of police, country sheriffs, and probation officers.

Arizona registry guidelines rank sexual offenders into three tiers, depending on the severity of the crime and their risk of reoffending.

Level three compromises those considered to be sexually violent and likely to re-offend, while level one includes people with the lowest recidivism risk.

The notification requirements vary for each tier:

• Level 1: Community law enforcement agencies must keep their records current and share up-to-date information with other law enforcement agencies. Notifications are provided if the offender fails to reregister and to persons the offender may live with. Failure to register will result in an arrest;
• Level 2: Notifications are provided to the offender’s immediate neighbors, selected community groups, nearby schools, and any prospective employers. This process typically includes a flyer with the person’s name and address, current photo, and a summary of their criminal history and sex crime;
• Level 3: Notifications extend to all surrounding neighborhoods, certain community groups, and any prospective employers. Area schools are notified as well. The notification consists of a flyer similar to that of level 2, but it may also alert the public to the presence of a sexually violent person.

For level 3 offenders, in addition to the flyer notification, local media outlets are issued press releases about the offender’s release and their crime(s). If the offender fails to register, an immediate arrest warrant is issued.

Understanding Your Rights After Sex Offender Registration

Being listed on the Arizona Sex Offender Registry carries consequences that can follow you for years.

Even if the offense was non-violent or a misdemeanor, you still end up being listed alongside sex offenders with a high chance of reoffending. Can You Become a Sex Offender for Public Urination in Arizona? Yes.

Being on the sex offenses registry affects your:

• Employment opportunities;
• Housing options;
• Romantic or friendship prospects.

You’ve served your time, but you may still be punished in other ways, like a loss of reputation in your community.

Arizona Sex Offender Laws for Driver’s Licenses

Most drivers in Arizona are issued licenses valid for five years and must update their photos every 12 years.

The Arizona Motor Vehicle Department issues a special type of driver’s license for registered sexual conduct offenders. It must be renewed annually, with an updated photo and current address listed.

Arizona Sex Offender Residency Restrictions

Arizona law limits the proximity in which sex offenders can live with one another, called “clustering”.

Registered sex offenders on probation must make up under 10% of the total number of renters in multifamily dwellings - like apartments, condos, or four-plexes - in counties with a population of over 2.5 million. Only one level-three sex offender may live in a multifamily dwelling.

If the sexual conduct charges involve a felony offense against children, the offender may not live within 1,000 feet of a school or childcare center. Furthermore, offenders may not live within 1,000 feet of their victim’s house unless the victim provides written consent.

Landlords aren’t required to rent to convicted sex offenders, and with background checks becoming almost ubiquitous, registered sex offenders may have limited housing options.

Arizona Sex Offender Work Restrictions

Arizona doesn’t specifically limit which jobs registered sex offenders can hold unless it’s a job involving children and the offender’s charges involve crimes against children. So any location where children could be, like a daycare center, school, or park, may be off limits.

That being said, a registered sex offender may have significantly more career challenges than a normal person. Most professional positions involve a background check, and employers may hesitate to hire someone on the registry.

Additionally, the local law enforcement agency must inform prospective employers of level 2 and level 3 offenders of that person’s status.

Arizona Sex Offender Travel Laws

People convicted of sex crimes are statistically more likely to travel, perhaps because finding employment and housing is challenging.

Sex offenders moving to Arizona from another state must register on the Arizona sex offender registry within ten days of relocating there, even if their conviction was in another state, or face a Class 4 felony charge. Transient offenders must register with the county sheriff’s office every 90 days.

How to Get Removed from the Sex Offender Registry in Arizona

Getting your name off of the Arizona sex offender registry is challenging; not everyone may be eligible.

People convicted of lesser charges, like public urination or indecent exposure, may have an easier time getting them removed - and even then, it’s rare.

You and your criminal defense lawyer can petition the court for a termination of the duty to register if you meet the following criteria:

1. You are at least 35 years old now and were under 22 when the offense occurred;
2. The victim was at least 15 at the time of the offense or was a law enforcement officer posing as a minor or an otherwise fictitious minor;
3. The sexual contact was consensual;
4. You completed the sex offender terms of probation and didn’t violate any of its conditions;
5. You haven't committed another offense within ten years of being sentenced;
6. You are not considered to be a sexually violent person according to Arizona law;
7. There weren’t multiple victims;
8. You were not sentenced to a prison term in the Arizona DOC that led to your registration on the sex offender registry;
9. You have not been convicted more than once, and there was only one victim;
10. You were not convicted of violating or attempting to violate the following statutes: 13-1406, 13-1410, 13-1417, 13-1423, 13-3206, 13-3212, and 13-3553.

Even if you meet all these eligibility criteria, you may still not be able to have your name removed from the registry. The courts will require supporting documentation that you completed probation and haven’t reoffended.

Contact the Law Offices of Brandon White for Skilled Representation in Sex Offender Registry Removal Cases

Working with an experienced Arizona criminal defense attorney who knows the requirements for removing your name from the Arizona sex offender registry gives you a higher chance of a good outcome from your petition to remove your name from the list.

A skilled attorney from The Law Offices of Brandon White can review your charges and the details of your case and provide you with personalized options regarding your placement on the registry. Contact us today for a free consultation!