The following are a list of questions that we are asked most often. Most of the answers are links to sections of Georgia law. These answers are not intended to serve as legal advice.
How many days can I visit Georgia for before I will have to register?
Someone on another state’s registry who enters Georgia for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register.
What is the registration requirement for someone who will be moving to Georgia to live or to attend school?
You are required to inform the Sheriff’s Office in the county that you plan to move to within 72 hours prior to moving.
What is the process for removal from the registry?
An individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual:
- Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and
- Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home;
- Is totally and permanently disabled as such term is defined in Code Section 49-4-80; or
- Is otherwise seriously physically incapacitated due to illness or injury;
- Was sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2;
- Is required to register solely because he or she was convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offense against such minor or an attempt to commit a sexual offense against such minor. For purposes of this paragraph, the term “sexual offense” means any offense listed in division (a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or
- Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12 and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2.
Are there different restrictions based on the crime commit date?
If the offense conduct occurred prior to June 4, 2003, the employment and residence restrictions will not apply to the registrant.
If the offense conduct occurred between June 4, 2003 and June 30, 2006, there are restrictions on the location of the registrant’s residence but not on the registrant’s place of employment.
If the offense conduct occurred after June 30, 2006 and on or before June 30, 2008, the registrant has restrictions on place of residence and place of employment.
If the offense conduct occurred after June 30, 2008, the registrant has restrictions on place of residence, place of employment, and volunteer activities.
What type of employment do I have to register with the Sheriff's Office?
You must disclose any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
If your conviction date was after June 30, 2006, the places that you are employed or volunteer at are subject to 1,000ft proximity restrictions.
How frequently must someone register and for how long?
Those who are classified as a Level 1 or Level 2 risk or are not yet classified must report to the Sheriff’s Office in the county in which they live each year within 72 hours prior to their birth date.
Those who are classified as a Level 3 risk are required to register with the Sheriff’s Office in the county in which they live twice per year.
Registration is for life unless removed by order of the Court.
Risk Classification / Leveling
Who is responsible for classifying Georgians on the registry?
This duty belongs to the Sexual Offender Risk Review Board.
The Board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense.
The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal offense against a victim who is a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal offense against a victim who is a minor. Any sexual offender who changes residence from another state or territory of the United States or any other place to this state and who is not already designated under Georgia law as a sexually dangerous predator, or sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification.
The board shall also make such determination upon the request of a superior court judge for purposes of considering a petition to be released from registration restrictions or residency or employment restrictions as provided for in Code Section 42-1-19
What are the risk classifications?
A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board’s assessment criteria and information obtained and reviewed by the board.
What tools are used to assess someone's risk?
Actuarial risk assessments including, but not limited to, STATIC-99R, STATIC-02R, and/or CPORT will be used in conjunction with all available information to assess the risk of all convicted sexual offenders who must be classified per GA Code § 42-1-14. A totality of the available information will be used to level each offender.
Can I appeal my risk classification level?
A sexual offender who is classified by the board as a Level II risk assessment classification or as a sexually dangerous predator may file a petition for judicial review of his or her classification within 30 days of the date of the notification letter or, if the sexual offender has requested reevaluation pursuant to subsection (b) of this Code section, within 30 days of the date of the letter denying the petition for reevaluation.
The petition for judicial review shall name the board as defendant, and the petition shall be filed in the superior court of the county where the offices of the board are located. Within 30 days after service of the appeal on the board, the board shall submit a summary of its findings to the court and mail a copy, by first-class mail, to the sexual offender. The findings of the board shall be considered prima-facie evidence of the classification.
The court shall also consider any relevant evidence submitted, and such evidence and documentation shall be mailed to the parties as well as submitted to the court. The court may hold a hearing to determine the issue of classification. The court may uphold the classification of the board, or, if the court finds by a preponderance of the evidence that the sexual offender is not placed in the appropriate classification level, the court shall place the sexual offender in the appropriate risk assessment classification.
Can I request to be leveled if I am no longer under supervision?
The board shall make such determination upon the request of a superior court judge for purposes of considering a petition to be released from registration restrictions or residency or employment restrictions as provided for in Code Section 42-1-19.
Can I request a review of my classification after a period of time?
If ten (10) years have elapsed since a sexual offender has been classified by the Board as a Level II offender or a Sexually Dangerous Predator, and such offender has not engaged in any additional criminal conduct of a violent or sexual nature, such offender shall be eligible to petition for re- evaluation of his or her classification. Such a petition for re-evaluation shall be made in writing to the Board and the petitioner may submit information to the Board as provided in O.C.G.A. § 42-1-14(a)(2). The information submitted by the sexual offender shall be reviewed and the Board shall notify the sexual offender by first class mail of its decision regarding the risk assessment classification and if there are any changes to the original classification.
Restoration of Rights
Can I vote if I am on the registry?
Yes, as long as you are not currently in prison or under community supervision.
If you were sentenced under first offender or conditional discharge and your status has not been revoked, you are eligible to vote while under supervision.
If you were convicted of a felony or had your felony first offender revoked and are still serving a sentence, you are not eligible to vote until you complete your sentence.
There is nothing that prevents someone on the registry from voting so long as you have completed your sentence.
Can I be pardoned of my sexual offense conviction?
Yes. Sexual Offenses are eligible to receive pardons. You must have completed all sentence(s) imposed upon you at least ten (10) years prior to applying and have lived a law-abiding life since the completion of your sentence(s). You can have no pending charges against you. Your fines must be paid in full.
Can I have my rights to serve on a jury, become a notary, and run for elected office restored?
Yes. You must have completed all sentence(s) and be free of any confinement at least two (2) years prior to applying and lived a law-abiding life since the termination of your sentence(s). You must currently live in Georgia.
Can I have my gun rights restored if I am on the registry?
Yes. If you would like to have your firearms rights restored, you must check the line on the application for “Restoration of Right to Receive, Possess or Transport in Commerce a Firearm.” Notarized copies of reference letters that explicitly say that you should have your gun rights restored are required. A personal interview will be required for firearms restorations.
Can I have my conviction restricted / expunged?
Arrests that did not lead to a conviction are eligible to be restricted (expunged). Stacked charges that are dismissed are not eligible to be expunged if at least one of the charges in the arrest leads to a conviction.
Sexual Offenses that are sentenced under First Offender are eligible for restriction upon the completion of the sentence.
All other sexual offenses and circumstances are not eligible for restriction.
Once my sentence is complete, do I regain my 4th Amendment Right prohibiting unreasonable searches and seizure?
Yes. You only lose your 4th Amendment Right if you agree to waive it as part of your sentence. You do not waive this right just because you are on the registry. Once you have completed your sentence, law enforcement must show probable cause to search you or seize your property.