Lexington Sex Offender Registry

Sex crime convictions can have many consequences, including fines, prison sentences, and placement on the state sex offender registry. This registry reflects personal information and is available to the public on the internet. Registration can interfere with all aspects of an individual’s life, including obtaining housing, employment, and more.

Understanding your rights in a Lexington sex offender registry case is crucial. A knowledgeable sex crimes attorney could assess your case and help you determine the best legal steps forward. Our office is ready to assist you, so do not hesitate to reach out.

Seeking Removal from the Sex Offender Registry

Removing one’s name from the state sex offender registry requires specific findings that are limited to certain types of cases. However, every defendant’s case deserves a thorough analysis based on the recent change in the law.

Most cases for removal occur due to a post-conviction relief of some kind. This may happen as the result of a successful appeal where the defendant’s conviction is fully overturned or through a post-conviction motion that obviates the conviction on other grounds.

The Administrative Removal Process

South Carolina Code § 23-3-430(E) requires the state Law Enforcement Division to remove a person’s name from the list upon notification of a reversal by the appeals court or other successful motion, which requires an acquittal of the charges. Ensuring that this occurs requires dealing with a great deal of administrative red tape. A dedicated attorney in Lexington could help navigate this process to have a qualifying defendant removed from the sex offender registry.

Lifetime Registration without a Hearing is Unconstitutional

In 2021, the state Supreme Court decided a case that determined that if an offender was sentenced to lifetime registration without a hearing, this consequently violated their due process rights. This finding affects a significant number of individuals who received this type of sentence without a hearing.

As a result, many defendants are seeking their due process hearing and possible removal from the sex offender registration database. Any defendant in this situation should immediately consult a seasoned Lexington attorney to discuss this issue further.

Defenses to Avoid Sex Offender Registration in Lexington

Individuals facing sex offense charges are innocent until proven guilty. The prospect of sex offender registration and the years in prison that may accompany a conviction can be scary and disheartening, but every defendant has the right to put up a defense to fight these potential punishments.

Defenses to a sex crime may include:

• Improper identification of the defendant
• Lack of DNA evidence or inconclusive evidence
• Failures in the chain of custody
• Filing a suppression motion
• Presenting reasonable doubt to the jury

A seasoned attorney could use the defenses and other evidence to help an individual charged with sex crimes potentially avoid registration as an offender.

Reach Out to a Sex Offender Registry Attorney in Lexington

If you are facing sex crime charges or an existing registration requirement, you deserve to have someone in your corner that will fight tirelessly to defend your rights. A dedicated attorney could review your case.

No matter your situation, a Lexington sex offender registry case is serious and deserves careful attention. Call today to learn more about what our team of legal professionals could do for you.