Georgia is a lifetime registration state for sex offenders. However, Georgia law allows for a petition for removal from the registry or modification of registration conditions to be filed and considered under certain circumstances.  Opportunities for removal have tightened over the last few years.  

There are five subsections pursuant to which removal may be requested.

Nursing Facility/Disability/Advanced Age Removal

To obtain removal under OCGA § 42-1-19(a)(1), the person must have completed all prison, parole, supervised release and probation for the offense for which required registration pursuant to OCGA § 42-1-12. In addition, evidence must be shown for one of the following:

• the person is confined to a hospice facility, skilled nursing home, residential care facility for ethe elderly or a nursing home;
• the person is totally and permanently disabled as such term is defined in OCGA § 49-4-80;
• the person is otherwise seriously physically incapacitated due to illness or injury; or 
• the person has reached the age of 80 years

No waiting period.

"Romeo and Juliet" Crimes

There are a narrow group of cases that were originally felonies but which because of the closeness of age of the offender and the victim and the lack of force were designated as misdemeanors on or after July 1, 2006.  Registration would not be required for offenders after the offense became a misdemeanor.  Registrants who were convicted under the felony version of a statute may seek removal.

These registrants must meet the requirements of OCGA 17-10-6.2(c)(1)(A-F). Those include the following:

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;
(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;
(C) The court has not found evidence of a relevant similar transaction [This provision has been interpreted to mean that there were no separate incidents of a sexual offense]
(D) The victim did not suffer any intentional physical harm during the commission of the offense;
(E) The offense did not involve the transportation of the victim; and
(F) The victim was not physically restrained during the commission of the offense.

No waiting period.

Kidnapping/False Imprisonment Involving a Minor

Kidnapping and false imprisonment offenses involving a minor but which did not involve a sexual offense against a minor or an attempted sexual offense against a minor may be eligible for removal.

These registrants must meet the requirements of OCGA 17-10-6.2(c)(1)(A-F). Those include the following:

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;
(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;
(C) The court has not found evidence of a relevant similar transaction [This provision has been interpreted to mean that there were no separate incidents of a sexual offense]
(D) The victim did not suffer any intentional physical harm during the commission of the offense;
(E) The offense did not involve the transportation of the victim; and
(F) The victim was not physically restrained during the commission of the offense.

No waiting period.

General Removal Provision for Georgia Convictions

The most recent changes to the removal statute created a separate removal provision for non-Georgia state convictions.  As such, OCGA 42-1-19(a)(4) now applies exclusively to Georgia convictions, although that requirement is not specifically set out.

To obtain removal under OCGA § 42-1-19(a)(4), the person must have completed all prison, parole, supervised release and probation for the offense for which required registration pursuant to OCGA § 42-1-12. 

These registrants must meet the requirements of OCGA 17-10-6.2(c)(1)(A-F). Those include the following:

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;
(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;
(C) The court has not found evidence of a relevant similar transaction [This provision has been interpreted to mean that there were no separate incidents of a sexual offense]
(D) The victim did not suffer any intentional physical harm during the commission of the offense;
(E) The offense did not involve the transportation of the victim; and
(F) The victim was not physically restrained during the commission of the offense.

A registrant with a Level 1 classification must wait at least five years from the completion of the sentence to petition for removal.  If it has been more than five years since the person's classification, a new classification will have to be completed as part of the court case.  If the person has not been classified, classification can be ordered and completed as a part of the court process.

Out-of-State, Federal and Military Conviction Registrants

The provisions for non-Georgia conviction registrations has  gotten more complicated and involved over the last few years.  Removal under these circumstances is governed by OCGA 42-1-19(a)(5).

To obtain removal under OCGA § 42-1-19(a)(4), the person must have completed all prison, parole, supervised release and probation for the offense for which required registration pursuant to OCGA § 42-1-12. 

These registrants must meet the requirements of OCGA 17-10-6.2(c)(1)(A-F). Those include the following:

(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16;
(B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense;
(C) The court has not found evidence of a relevant similar transaction [This provision has been interpreted to mean that there were no separate incidents of a sexual offense]
(D) The victim did not suffer any intentional physical harm during the commission of the offense;
(E) The offense did not involve the transportation of the victim; and
(F) The victim was not physically restrained during the commission of the offense.

In addition, the registrant must show that they have been removed from the registry in the other state or territory where conviction occurred and provide documentation of that removal. This is going to make removal under those circumstances doubly hard for some cases. It also raises questions about how federal and military convictions will be handled since there is only limited federal registrations.  

Such a registrant must wait 10 years from the completion of the sentence before petitioning for removal.  They must also be classified as Level I risk.  If it has been more than five years since the person's risk classification, the person will be re-assessed as a part of the court case.

General Standard for Removal

For all eligible removal cases, the court must consider whether the individual poses a substantial risk of perpetrating any future dangerous sexual offense.