Florida sex offender registry

[Lola6]

Jurisdiction

Florida

In 2002 my husband pled guilty to a sex offense in Michigan (sexual conduct between a 15 and 18 year old, consensual). He was required to register as a sex offender for 10 years, which he always complied with. He received a letter in 2011 from the state of Michigan (we live in Tennessee) saying the law had been changed and he was no longer required to register. He was taken off the registry. After applying for a new job and consenting to a background check, we discovered he is still on the registry in Florida where he lived for a short time in 2002. The charge from Michigan isn't even on his background check so I assume it is considered expunged. He has made several phone calls to both Michigan and Florida, but isn't having much luck getting his name removed. Of course, he can't start the new job until this is cleared up. What can we do? We don't have tons of money to spend on this!

 

[army judge]

In 2002 my husband pled guilty to a sex offense in Michigan (sexual conduct between a 15 and 18 year old, consensual). He was required to register as a sex offender for 10 years, which he always complied with. He received a letter in 2011 from the state of Michigan (we live in Tennessee) saying the law had been changed and he was no longer required to register. He was taken off the registry. After applying for a new job and consenting to a background check, we discovered he is still on the registry in Florida where he lived for a short time in 2002. The charge from Michigan isn't even on his background check so I assume it is considered expunged. He has made several phone calls to both Michigan and Florida, but isn't having much luck getting his name removed. Of course, he can't start the new job until this is cleared up. What can we do? We don't have tons of money to spend on this!

Expunging a criminal conviction, especially one involving illicit sexual activity with a minor NEVER goes away.

Yes, THEY say it does, but your husband's dilemma would say different.

A pardon can ease the sting, but pardons are rare, even for the wealthy.

Truth is, this conviction will haunt him until the day he dies.

It'll follow him along with his shadow.

Some states are even more strict than others, Florida is one of those states.

In many cases, spouses know of one or two convictions, and others mysteriously seem to appear.

All he can do is talk to a lawyer, but that really won't help.

Why?

Because it isn't just the state of Michigan which may remove the stain, its the FBI that rarely removes the arrest records, the conviction, the fingerprints, and the mugshot.

You see, its far more complex than ONE state.

Florida's sexual registry laws:

Do out-of-state sex offenders have to register in Florida, even if they are ONLY visiting, attending school, or working in Florida?

Yes, federal and state laws require sexual offenders/predators to register in all jurisdictions in which they live, work, or go to school.Sexual offenders/predators who are required to register with a temporary address in Florida are subject to all Florida registration laws while the offender/predator is residing within the state, including being listed on the Florida Sexual Offender/Predator Public Registry website (please note that the information is not removed from the website when the sexual offender/predator leaves the state of Florida, and removal from another state's registration requirement does not guarantee removal from the requirement to register in Florida).

Yes, if offenders or predators are visiting from another state he/she must report in person to the sheriff's office within 48 hours of establishing a temporary residence in Florida. He/she is required to report within 48 hours from the time of his/her registration with the sheriff's office to report in person to the Department of Highway Safety and Motor Vehicles (DHSMV) with a copy of the completed sexual offender/predator registration form to obtain a valid Florida identification card or driver's license. Failure to comply with these registration requirements as provided by Florida statute is a felony of the 3rd degree.

FDLE Florida Sexual Offenders and Predators - FAQ



What is the difference between having a criminal history record sealed vs. expunged?

When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.
When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that "Criminal Information has been Expunged from this Record".

If I receive a full pardon can I have my criminal history record sealed or expunged?

Unless the pardon indicates on its face that it entitles the record subject to seal or expunge his or her criminal history record, the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record imposed by the disposition of the pardoned offense. See R.J.L. v. State, 887 So.2d 1268 (Fla. 2004).

If I have a criminal history record sealed or expunged in another state or jurisdiction, am I still eligible to have a criminal history record sealed or expunged within the State of Florida?

Yes - Effective July 1, 2013, a previous seal or expunction of a criminal record in a jurisdiction outside the state of Florida will not disqualify an applicant to seal or expunge a Florida criminal history record.

Who should receive a copy of the order to seal or expunge a criminal history record?

If the record is eligible and the court grants relief, the Clerk of the Court by statute is responsible to certify a copy of the court order to the State Attorney's Office or the Statewide Prosecutors Office and the arresting agency or agencies. The arresting agency is then responsible for sending a certified copy of the court order to all agencies that are known to have received the criminal history information. In addition to FDLE, these agencies may include the Department of Corrections, Teen Courts, and Department of Juvenile Justice.


Florida Department of Law Enforcement

 

[Lola6]

I understand that it never really goes away. I know the history is always there. What he needs is to be taken off the official Florida registry so that he can pass the background check for employment. I wish we had known he was still on the registry in Florida so that we could have tried to do something about it 4 years ago when he was no longer required to register. Would it speed things up any to hire an attorney based in Florida or would it matter?

 

[army judge]

I understand that it never really goes away. I know the history is always there. What he needs is to be taken off the official Florida registry so that he can pass the background check for employment. I wish we had known he was still on the registry in Florida so that we could have tried to do something about it 4 years ago when he was no longer required to register. Would it speed things up any to hire an attorney based in Florida or would it matter?

The cure for removal in Florida can be found in a Florida court room.
Bottom line, if it can be found, it also takes time.
Your family might investigate opportunities in other states.

 

[Lola6]

We live in Tennessee. We only realized he was still on the Florida registry because of a background check done by a potential employer. He was told he has about 2 weeks to get it taken care of or he won't have the job.

 

[txls]

It doesn't look like you will be able to get this resolved in two weeks(if ever). He may have to find employment with someone that doesn't do such extensive background checks.