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Petition for Removal

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Sex Offender Petition for Removal from Registry

The requirements and responsibilities of registration for sexual or violent offenders are explained in Title 46 Chapter 23 Part 5 of the Montana Code Annotated.

Who can petition (46-23-506)?

  • Tier Level 1 – after 10 years of registration
  • Tier Level 2 – after 25 years of registration

Except:

  • If Convicted of Sexual Intercourse Without Consent where:
  • The victim was compelled to submit by force against the victim or another, OR
  • Victim was under 12 years of age at the time of the offense
  • If Convicted of Incest and at the time of the offense the victim was less than 12 and the offender was 3 or more years older than the victim.
  • If Convicted of a second sexual offense that requires registration
  • If Convicted of a sexual offense and was designated a Sexually Violent Predator

What words do I need to know?

  • Petitioner- A Petitioner is someone who files an action in court. If you are asking the court to relieve you of registering as a sex offender, you are the Petitioner.
  • Force- The infliction, attempted infliction, or threatened infliction of bodily injury or the commission of a forcible felony by the offender; or the threat of substantial retaliatory action that causes the victim to reasonably believe that the offender as the ability to execute the threat.
  • Sexually Violent Predator- An Offender who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual offense and who suffers from a mental abnormality or a personal disorder that makes the person likely to engage in predatory sex offenses; OR has been convicted of a sexual offense against a victim 12 years of age or younger and the offender is 18 years of age or older.

What forms will I need to petition the court for relief of registering? – Use these instructions and forms to petition to be relieved of registering as a sex offender. These forms cannot take the place of advice from a lawyer. Contact a lawyer if you have any questions. Follow the instructions below to fill out and file forms with the District Court.

The Petition asks the court to relieve you of registering as a sex offender and schedule a hearing. The Order setting Hearing will be filled out by the judge and will tell you when and where your hearing will be held.

Offender may or may not qualify to use the Inability to Pay Form to cover filing or copy fees. Follow the instructions on the link to fill out and submit to your court. For more information, please visit MontanaLawHelp.org

Violent Offender Petition for Removal from Registry

The requirements and responsibilities of registration for sexual or violent offenders are explained in Title 46 Chapter 23 Part 5 of the Montana Code Annotated.

Who can petition (46-23-506)?

There are two ways for violent offenders to petition for removal from the violent offender registry:

  • Mont. Code Ann. 46-23-506 (2)(a)-(b): Violent offenders who have registered for either 10 years following their confinement or 10 years following the sentencing hearing if not confined may petition the Court. In addition to the 10-year requirement, the violent offender must show they were not convicted during the 10-year period of 1) failure to register as a violent offender; 2) failure to keep registration current; or 3) of any felony crimes.
  • Mont. Code Ann. 46-23-506 (3)(b): Violent offenders who have registered for either 10 years following their confinement or 10 years following the sentencing hearing if not confined, but have been convicted of failing to register or keep registration current or of a felony, may still petition the Court. The Court may or may not grant the petition based on whether: 1) the offender has remained a law-abiding citizen; and 2) continued registration is not necessary for public protection and that relief from registration is in the best interests of society.

What words do I need to know?

  • Petitioner- A Petitioner is someone who files an action in court. If you are asking the court to relieve you of registering as a violent offender, you are the Petitioner.

What forms will I need to petition the court for relief of registering? – Use these instructions and forms to petition to be relieved of registering as a violent offender. These forms cannot take the place of advice from a lawyer. Contact a lawyer if you have any questions. Follow the instructions below to fill out and file forms with the District Court.

The Petition asks the court to relieve you of registering as a violent offender and schedule a hearing. The Order setting Hearing will be filled out by the judge and will tell you when and where your hearing will be held.

Offender may or may not qualify to use the Inability to Pay Form to cover filing or copy fees. Follow the instructions on the link to fill out and submit to your court. For more information, please visit MontanaLawHelp.org

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