Sex Offender Registry Removal - Eligibility Update, Answers To Frequently Asked Questions
In May of 2022, the South Carolina Legislature passed a new law that allows some registered sex offenders a potential avenue for removal from the registry. Erin Bailey Law has been a pioneer in this new and emerging area of the law since the passage of that new law.
Here we’ll share more about this update along with answers to our most frequently asked questions.
Are people actually being removed from the registry?
YES! Erin Bailey Law has successfully had many clients removed from the registry via an application to SLED and via petitions filed in court.
How Do I know if I am eligible?
Eligibility is based on your Tier under the new law. In most cases, a quick consult with Attorney Erin Bailey will determine your eligibility and if you will need to apply to SLED or if you need to file a motion in court.
If you are not currently eligible, we will give you the date you will be eligible so that we can be ready to file the day of your eligibility.
I am on the registry as the result of a juvenile adjudication, how does that affect my eligibility?
Please note that the SLED guidance published on their website is incorrect regarding eligibility for people on the registry as the result of juvenile adjudications. If you are on the registry as a result of a juvenile adjudication, in all cases, you are eligible to apply for removal after fifteen (15) years from your date of first registration.
The SLED application requires that I submit proof that I completed sex offender counseling, but it was so long ago that I cannot remember where I went, or the clinic has since closed down.
You are not alone with this issue. Erin Bailey has helped many clients whose counseling records have been lost or destroyed with their application. We have found a work around that SLED accepts.
Do I need an attorney for the removal process?
We highly recommend working with a criminal defense attorney to navigate this complex process. If you submit an application before you are eligible, you must wait five (5) years before you can submit another application.
We recommend that you at least consult with an attorney before taking action. If you are eligible for removal, and eligible to submit an application, you can do that application without an attorney; however, most people find the process of gathering the necessary documentation daunting. At Erin Bailey Law, we are experienced at gathering the necessary documents and submitting these applications.
Furthermore, some clients are not eligible to submit an application to SLED, and need to file a motion in court. In those court motions, the person who is the registered sex offender has the burden of proof. In these cases, it is essential to hire an attorney who understands the requirements and can effectively present your case to the Judge.
Erin Bailey has filed and argued these motions in courtrooms across the state.
I was convicted of a crime that requires the registry out of state, but I now live in South Carolina. Does that effect my eligibility?
In our experience of screening hundreds of sex offenders for eligibility over the last 15 months, out of state convictions are the most complicated scenarios to unravel.
The eligibility of people who were convicted out of state can be difficult, but not impossible to determine. While your case may take longer, we have been successful in removing clients with out of state convictions from the registry.
I am ready to get started with my removal from the sex offender registry, what is the first step?
The first step is to call us at 843-485-4540. You will quickly connect with Erin Bailey, who will be able to provide a consult as to your eligibility.
If you are eligible now, she will provide a quote for services.
This post is offered for general information only and is not legal advice. Our lawyers must make a case-by-case assessment of any claims. Results may vary depending on the facts involving any case.