Navigating the North Carolina Sex Offender Registry: The Role of a Criminal Defense Lawyer

The sex offender registry is an essential tool used by law enforcement to track individuals convicted of specific sexual crimes. It primarily aims at promoting public safety and preventing potential repeat offenses. However, offenders grapple with navigating this intricate legal field–a challenge that calls for the vital role of a criminal defense lawyer such as those in firms like Patrick Roberts Law PLLC.

A criminal conviction for a sex crime in North Carolina comes with serious long-term effects, particularly mandatory enrollment in the North Carolina Sex Offender and Public Protection Registration Programs. It is required by law that residents found guilty of a “reportable offense” must register in these programs. This registration brings significant changes and constraints in their daily lives, such as restrictions on their living and working locations, as well as restrictions on website access. Moreover, it profoundly affects numerous aspects of personal life including housing availability, eligibility for government benefits, and job opportunities. Consequently, it highlights the importance of engaging an experienced criminal defense lawyer to legally represent anyone facing such charges.

Who Are Required To Register As a Sex Offender?

In North Carolina, those convicted of a “reportable offense” must register as sex offenders. The individuals must immediately register with the sheriff of their resident county either upon probation or within three days post-incarceration. The responsibility of entering their details into the North Carolina Sex Offender Registry lies with the sheriff.

Reportable Convictions:

1. Sexually Violent Crimes

• First-degree forcible rape
• Second-degree forcible rape
• Statutory rape
• First-degree forcible sexual offense
• Second-degree forcible sexual offense
• First-degree statutory sexual offense
• Sexual battery
• Sexual servitude
• Incest between near relatives
• Felony indecent exposure

2. Offense Against a Minor

An offense against a minor is a reportable conviction. Offense against a minor include the sex offenses listed above, committed against a minor (a person who is less than 18 years old)

This may include the following:

• First-degree sexual exploitation of a minor
• Second-degree sexual exploitation of a minor
• Third-degree sexual exploitation of a minor
• Sexual activity by a substitute parent or custodian
• Sexual activity with a student
• Human trafficking
• Taking indecent liberties with a student
• Taking indecent liberties with children
• Parent or Caretaker Committing or Permitting an Act of Prostitution With or By a Juvenile
• Patronizing minor/mentally disabled prostitute
• Prostitution of minor/mentally disabled child
• Solicitation of a Child by Computer to Commit an Unlawful Sex Act
• Committing or Allowing a Sex Act to be Committed Upon a Juvenile by a Parent or Guardian

3. North Carolina Convictions involving Aiding & Abetting, Attempt, Conspiracy, and Solicitation

4. Secretly Peeping / Unlawful Sale, Surrender, or Purchase of a Minor

5. Convictions from Other States that are Registrable

A final conviction in another state of an offense, which if committed in this State, is substantially similar to “an offense against a minor” or a “sexually violent offense” is a reportable conviction. Includes conspiracy or solicitation to commit any of these offenses and aiding and abetting any of these offenses.

6. Federal Offenses

Offenses substantially similar to a North Carolina offense against a minor or sexually violent offense

Is It Possible To Be Removed from the Sex Offender registry?

One can be removed from this registry, a key step in getting back to normal life after conviction. The duration of time an individual is required to remain on the registry depends on the nature of their conviction. There are instances where lifetime registration is compulsory, while other circumstances may allow removal after a decade.

To start the removal process, the person must submit a petition to the relevant North Carolina Superior Court. The court will then schedule a hearing to consider the application once the petition is correctly filed. To be successfully removed from the registry, the individual needs to demonstrate that they are not a current or potential risk to the public and that they haven’t been convicted of or arrested for another crime requiring registration. Furthermore, the individual must show that removal doesn’t contradict any state or federal laws.

If you have been convicted of a sex crime and would like your name removed from the list, you need a dedicated and experienced criminal defense attorney such as Attorney Patrick Roberts to help clear your record.

Protecting Your Rights with a Skilled Sex Crime Attorney

Seeking justice with skilled legal representation from a sex crime lawyer at Patrick Roberts Law PLLC has resulted in successful* outcomes for clients, sparing them from the burden of having to register as sex offenders. Attorney Patrick Roberts’ extensive experience in handling cases involving reportable convictions makes him a valuable advocate for individuals fighting for their rights.

Check out these sex offense cases that Attorney Patrick Roberts has successfully* handled:

1. Attempted Second Degree Forcible Sexual Offense, NCGS 14-2.5/14-27.27; and Indecent Liberties with a Child, NCGS 14-202.1

State vs. ‘Confidential Client’ : Attorney Patrick Roberts, a well respected child sexual abuse lawyer and criminal defense lawyer for sex crimes, represented a military client accused of attempted sexual assault of his own daughter while under the influence. Mr. Roberts was able to prove that the incident resulted from substance abuse and highlighted that the client had taken proactive strides to address this issue on his own. Consequently, as a skilled sexual assault defense attorney, Mr. Roberts managed to persuade the State to let his client plead to a minor assault charge, thereby avoiding harsh penalties like a felony conviction, imprisonment, and mandatory sex offender registration.

In the end, the result was the client received misdemeanor probation and was not required to register as a sex offender.

*Disclaimer: Past case results do not guarantee future outcomes. Each case is unique and the outcome will depend on its individual facts.

2. Sexual Battery (N.C.G.S S 14-27.5A)

North Carolina vs. ‘Confidential Client’ Attorney Patrick Roberts successfully* represented a client facing a Sexual Battery charge for molesting his stepdaughter as a sexual assault defense attorney. The client faced a 2 month jail sentence and mandatory sex offender registration. However, Attorney Roberts, as a skilled child molestation defense attorney, negotiated a plea to Simple Assault. Consequently, the client avoided sex offender registration and was instead given 12 months of unsupervised probation.

*Disclaimer: Past case results do not guarantee future outcomes. Each case is unique and the outcome will depend on its individual facts.

Sex Offender Registration Guidance Post-Conviction

In the event that you are required to register as a sex offender following a conviction, Patrick Roberts Law PLLC is dedicated to assisting clients in complying with post-conviction legislative requirements. This commitment includes helping clients understand the critical implications that impact the preservation and defense of their rights throughout each phase of the legal process.

Hiring an experienced sex offense attorney can help navigate complex sex offense registry laws, potentially leading to a better life after conviction. Firms like Patrick Roberts Law PLLC are experienced in sex crime defense and are well-prepared to handle this critical task.

If you or someone you know is seeking to be removed from the sex offender registry, or facing charges for a sex crime that may result in registration as a sex offender, please reach out to Patrick Roberts Law PLLC at 919-313-1433 for a free and confidential consultation.

Sources:

University of North Carolina School of Government
North Carolina Sheriff’s Association

Additional Information:

Sex offender registries online:

A person registered as a sex offender will appear on one of the following registry websites:

National Sex Offender Public Website (FBI): http://www.nsopw.gov
Family Watch Dog: https://www.familywatchdog.us/Search.asp