Oklahoma's Sex Offender Deregistration Attorney
Every County and Every Court in Oklahoma
Flat Fees, 45-60 Day Turnaround
Michael A. Risley, Attorney
Frequently Asked Questions
How can I deregister from the Sex Offender Registry?
There are three situations in which you may be able to deregister:
1. Under Starkey: the Oklahoma Supreme Court handed down a major sex offender rights case in 2013: Starkey v. Dept. of Corrections. If the Dept. of Corrections isn't honoring Starkey, you may apply to be deregistered.
2. As a Level 1 Offender: Persons who have been designated as a Level 1 Sex Offender, and have stayed out of trouble for 10 years, may apply to be deregistered.
3. As a Consensual Statutory Rape Offender: Persons who have to register because of a statutory rape charge, falling under 21 O.S. §1111.1 or 21 O.S. §1114, and who fit certain other requirements, may apply to be deregistered.
Can you tell me more about Starkey v. Dept. of Corrections?
Read the full text of Starkey v. Dept. of Corrections here.
The Court in Starkey decided that you cannot be forced to register retroactively, and that whatever registration laws were in effect at the time of your plea are the laws you must register by.
Alternatively, if your criminal case occurred outside of the State, you must register under the laws in effect at the time you entered and intended to stay in Oklahoma.
The effect of Starkey is to turn every deregistration case into a research project: the facts surrounding the date of your plea, or your entry into Oklahoma, must be matched to the version of the laws in effect at that time. As the Sex Offender Registration Act has been amended almost every year since it came into effect, this can be quite an undertaking.
What about deregistration for a Consensual Statutory Rape Offender?
As detailed in 57 O.S. 590.2(A) you may request removal of your Sex Offender Registration requirement in certain narrowly defined situations:
2. The person is required to register as a sex offender solely because of that violation;
3. The person was not more than four years older than the victim, who was between 14 and 17 years old at the time the person committed the violation.
Furthermore, the District Attorney must not object to the removal of the Registration requirement, and the removal must not conflict with Federal law. (57 O.S. 590.2(C)). Speak with Michael directly at 405.801.2116 or get in touch to see if you qualify.
What is required to remove a Level 1 Sex Offender Registration?
As detailed in 57 O.S. §583(E), any person who was assigned a Level 1 Sex Offender registration requirement may ask a Court to remove the level designation, and allow the person to no longer be subject to the requirements of the Sex Offenders Registration Act. The requirements are:
1. The person is currently assigned a Level 1 Sex Offender registration requirement;
2. The person has been registered for a period of ten (10) years or longer;
3. The person has not been arrested or convicted for any felony or misdemeanor offense since release;