§ 14-208.12A. Request for termination of registration requirement.
§ 14‑208.12A. Requestfor termination of registration requirement.
(a) Ten years from thedate of initial county registration, a person required to register under thisPart may petition the superior court in the district where the person residesto terminate the 30‑year registration requirement if the person has notbeen convicted of a subsequent offense requiring registration under thisArticle.
(a1) The court may grantthe relief if:
(1) The petitionerdemonstrates to the court that he or she has not been arrested for any crimethat would require registration under this Article since completing thesentence,
(2) The requested reliefcomplies with the provisions of the federal Jacob Wetterling Act, as amended,and any other federal standards applicable to the termination of a registrationrequirement or required to be met as a condition for the receipt of federalfunds by the State, and
(3) The court isotherwise satisfied that the petitioner is not a current or potential threat topublic safety.
(a2) The districtattorney in the district in which the petition is filed shall be given noticeof the petition at least three weeks before the hearing on the matter. Thepetitioner may present evidence in support of the petition and the districtattorney may present evidence in opposition to the requested relief or mayotherwise demonstrate the reasons why the petition should be denied.
(a3) If the court deniesthe petition, the person may again petition the court for relief in accordancewith this section one year from the date of the denial of the original petitionto terminate the registration requirement. If the court grants the petition toterminate the registration requirement, the clerk of court shall forward acertified copy of the order to the Division to have the person's name removedfrom the registry.
(b) If there is asubsequent offense, the county registration records shall be retained until theregistration requirement for the subsequent offense is terminated by the courtunder subsection (a1) of this section. (1997‑516, s. 1; 2006‑247, s. 10(a); 2008‑117,s. 11.)