Getting Your Name Removed From the Arkansas Sex Offender Registry

 

Arkansas, like most other states, requires individuals to register as sex offenders if they were convicted of sex offenses or if they were acquitted of such charges on the ground of mental disease or defect. This requirement can last for decades or even for life, making it difficult to find housing, gain employment, pursue an education or engage in social activities.

If you are on the Arkansas sex offender registry, you may be able to get your name removed if you meet the eligibility criteria. Unless you’ve been convicted of certain dangerous or aggravated crimes, you may apply for termination of your registration as a sex offender 15 years after you are released from prison or placed on probation or other form of community supervision.

You make the application in the court where you were sentenced or, if you were sentenced outside Arkansas, in the court of the county where you reside. The court will schedule a hearing on your request and you or your attorney must notify the prosecutor of the hearing at least 20 days in advance.

The court can terminate your registration obligation if you prove both of these are true:

• You have not been found guilty of a sexual offense for 15 years after you were released from prison or placed on probation or other form of community supervision.
• You are not likely to pose a threat to other people.

You are required to prove both of these things by a preponderance of the evidence, which means convincing the court that they are more likely true than not.

If you were required to register because you were convicted of permitting the physical abuse of a minor, you may apply for removal from the list without waiting the 15 years. The court can grant your request if you prove by a preponderance of the evidence that you no longer deserve to be registered.

However, registration removal may not be possible if the state has determined you to be a sexually violent predator or if you have been found guilty of an aggravated sex offense. This means a sex offense involving any of the following:

• Using violence or the threat of violence or kidnapping against the victim or a third person
• Drugging or knowingly rendering the victim unconscious
• Victimizing someone less than 12 years old

Because these types of offenders are considered particularly dangerous, they are required to remain on the sex offender registry for the rest of their lives. In some cases, conviction of two or more non-aggravated sex offenses can also result in lifetime registration.

If you are facing sex offender charges or have been convicted of a sex offense in Arkansas, James Law Firm in Little Rock can advise you of your rights concerning removal from the sex offender registry. Call (501) 375-0900 or contact us online for a free consultation.