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.


Asked on 12/05/07, 2:25 pm

3 Answers from Attorneys

Brandon Kolb Kolb, Cintron, & Associates

Re: Sexual Offender

The purpose of the following response is for informational, educational and discussion purposes only. Legal advice can only be given after a full consultation. Engaging in this correspondence does not constitute an attorney/client relationship.

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.

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Answered on 12/05/07, 8:18 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Sexual Offender

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 12/06/07, 12:18 am
Richard Hornsby Richard E. Hornsby, P.A.

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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Answered on 12/05/07, 2:37 pm


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