Effective May 23, 2022, Act No. 221 provides an avenue for some sex offenders in South Carolina to apply to come off the S.C. Sex Offender Registry.
This new law is complex to include a strict five-year rule. If you are a registered sex offender, we highly recommend consulting an attorney regarding options under this new law.
MORE ON ACT NO. 221
Act No. 221 changes the Sex Offender Tier System in South Carolina. The Act specifies which Tier each offender should be placed in, based on the crime they were convicted of.
Based on these new Tiers, offenders can apply to come off the Sex Offender registry after some period of time. Tier I and Tier II offenders can submit an application to the State Law Enforcement Division (SLED). Tier III Offenders must file an action in court and have a hearing.
People who are required to register as Sex Offenders based on a Juvenile Adjudication of delinquency can apply via the Tier system, but also have several other avenues for removal from the registry, depending on the facts of their case.
People who are required to register as a Sex Offender in South Carolina based on a conviction in another state may apply through the Tier system described above, or may provide proof that they are eligible to be removed from the sex offender registry in their state of Conviction.
THE FIVE-YEAR RULE
While an offender does not need an attorney to file an application with SLED, if SLED rejects that application for any reason, the offender may not re-apply for FIVE years.
This five year rule is one of the many reasons offenders should consult with an attorney before taking action.
Erin Bailey Law has studied this new law and consulted with multiple state agencies on how it will be implemented. We stand ready to advise and assist people with their options for removal from the South Carolina Sex Offender Registry.
We are taking sex offender registry removal cases state-wide, and are available for telephone or video consultations. We do charge a small fee for a consultation due to the research required for each particular case.
This new law is complex. If you are a registered sex offender, we highly recommend consulting an attorney regarding options under this new law. To schedule your consultation, call or text criminal defense attorney Erin Bailey today.