Legal Question in Criminal Law in Florida
Sexual Offender
My nephew was 21 and had sex with an underage girl (she lied about her age). He pleaded guilty, paid fines, attended counseling, was just granted early termination of probation (after 8yrs). Model citizen, husband, father, but he can't live with his family because of his status (can't live near school or bus stop). Has a sexual offender status ever been removed or changed? He can't afford an attorney, any suggestions. I wrote the plea to have early termination of probation, so I want to help him.
3 Answers from Attorneys
Re: Sexual Offender
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He may consider applying for clemency, which would allow him to remove the Sexual Offender label. However, that process is very tedious, has little likelihood of success, and wouldn�t ordinarily be taken on by and attorney pro bono.
Re: Sexual Offender
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It is very unlikely that a court would remove the sexual offender status of your nephew. Generally, once so labelled it is for life. He can apply for clemency with the governor's office but it is not likely to find a sympathetic ear.
Scott R. Jay, Esq.
Re: Sexual Offender
It may be possible to petition to have the sexual offender status removed if he was within four years of age of the victim. Unfortunately I would could not do this for free, but if they were close in age it is a likely possibility.
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