Indiana has one of the more robust state systems that deal with sex offenses. This includes a comprehensive list of penalizations as well as a precision system for removing names from the offender list. The appeal procedure for non-incarcerated registrants is the most straightforward:
The Registration Appeal Procedure in Indiana for Non-Incarcerated Registrants
As of October 1, 2013, law enforcement must notify you if any agency of law is going to add you to the sex offender list. When you receive this correspondence, you have the right to appeal the inclusion of your information on this list if one or more of the following conditions are true.
- If the inclusion of your information is completely wrong, as in, you did not commit a crime;
- If the record is going to contain information about you that is inaccurate;
- If the public registry contains information that should not be legally contained in the registry; or
- If the registry does not contain information that it should.
Bringing forth one or more of these issues in the initial protest is very important, because if none of the issues is raised on the day of the protest, they may not be brought up at a later date unless one or more of the following conditions is true.
- If you did not fully comprehend the protest that you were implementing;
- If you were under the control of an outside influence that is defined as “improper” or “undue”;
- If you are deluded or deceived into a particular course of action; or
- If you are below the age of contractual consent as defined by Ind. Code § 34-11-6-2 or any other relevant state law.
The Different Types of Sex Offender Registrations
An individual who is convicted of a sex offense in Indiana may be required to register for life, or the registration may be for a 10 year period. In some cases, a person may be mistakenly placed on the lifetime registration list when the conviction only called for a 10 year registration. If you believe that you have been the victim of such an assessment, you may also challenge this through an official protest.
In order to make a valid protest, you must make it within 10 years and six months after the beginning of the registration for your offense. Any protest that is raised outside of this period will not be considered at all by the court. If you feel as though you do not want to challenge your inclusion on the list, but you do want to challenge the time period that you are on it, be sure to keep a close watch on your time. You must also ensure that your protest is administrated properly, as you may only raise it to the court one time.
Understanding Your Right of Protest
Your right of protest only occurs during certain times in court proceedings. The following conditions are necessary before you can raise a valid protest for removal from the Indiana sex offender’s list:
- If an Indiana law enforcement agency informs you that there is going to be a change in the registration that directly affects you;
- If an Indiana law enforcement agency informs you that previous protests have been refused;
- If both of the above conditions are true; or
- If 30 days have passed without any word on a ruling once you have asked a local law enforcement agency that you would like to change, add, subtract or remove completely the information that directly affects you on the Indiana sex offender’s list.
You must construct your protest correctly, as the court only allows protests under a few conditions.
- You may protest the addition of any of your information to the Indiana sex offender’s registry.
- You may protest any of the particular information that is to be added to your record within the registry.
- You may protest any material that is set to be removed from your record within the registry.
- You may protest material that you feel should have been added or subtracted from your record within the registry but was refused by an Indiana law enforcement agency.
- You may protest any combination of the above matters.
If you are in need of removal from the Indiana sex offenders list, you need dedicated and experienced legal services immediately. The process can be extremely time consuming and frustrating without the right professional help, and the law offices of Hayes Ruemmele LLC are on your side. You do not have to fight alone – call now.