New law gives more rights to Nevada sex offenders

Under current Nevada law (ie, as of June 30, 2008), all sex offenders must register with the Nevada Sex Offender Registry while living, working, or going to school in Nevada; in other words, registration is (by default) lifetime under current law. However, current law still allows a sex offender who has complied with registration requirements for a period of at least 15 consecutive years (during which they have not been convicted of a crime that “poses a threat to the safety or welfare of others”) request a court to terminate its duty to record.

However, effective July 1, 2008, Nevada law (namely NRS 179D.490) will change, reducing the time that certain sex offenders must register (as well as non-sex offenders who must register because they were convicted of committing a crime against a child). The length of time an offender must register under the new law will depend on whether they are a Tier 1, Tier II, or Tier II offender. If he is a Tier I offender, he must register only for a maximum of 15 years (as opposed to life); if he is a Tier II offender, he must register for 25 years; however, if he is a Tier III offender, he must continue to register for life (as long as he lives, works, or attends school in Nevada).

In addition, the new law will allow a Level I offender to petition a court to terminate their duty to register prematurely. A Level I offender may apply if he has registered for a period of at least 10 consecutive years, during which he was not convicted of a felony or sexual offense; To qualify, he must also have completed any period of supervised release, probation, or probation, plus an approved sex offender treatment program. If the court grants the petition, it will reduce 5 years from the maximum period the Tier I offender must record (ie, from 15 years to 10 years).

The above reduction option is also available to offenders who have been classified as Tier III by a juvenile court. The requirements to qualify are the same as for Tier I offenders, except that instead of 10 years, the Tier III juvenile offender must have been registered for at least 25 years before she can request a reduction. If you have any specific questions about the current or new law (such as whether or not you would qualify for a reduction, what tier you fall into, or how and where to file your petition), contact an attorney at RecordGone.com.