New York City
SORA Modifications
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New York SORA Modifications

Providing Legal Counsel for SORA Modification Proceedings in NYC

The Sex Offender Registration Act (SORA) exists to inform the public of potentially dangerous individuals convicted of sex crimes. When prosecutors secure a conviction against an individual for any sex offense in New York, the defendant must register as a sex offender for a time determined by the severity of their offense. Some individuals must register for many years while others face permanent registration under SORA rules.

Sex offender status can interfere with the registrant’s life in many ways. If you are listed as a sex offender, you may be barred from working in certain places, holding certain jobs, or entering certain areas, including some public spaces. Sex offender databases are also publicly available, so virtually anyone could look up your sex offender status, resulting in negative effects on your personal life.

The Law Offices of Robert Tsigler, PLLC provide our clients in New York City with legal representation in SORA modification proceedings. There are three types of SORA modifications that may be initiated by registrants or district attorneys. If you intend to file a petition for a SORA modification, or if a district attorney intends to modify your existing registration status through a SORA modification, having an attorney on your side will allow you to approach the situation with confidence.

SORA Determinations in New York

When a sex crimes trial concludes and the defendant is found guilty of committing a sex crime, the judge will sentence the defendant according to state law. However, SORA requires a risk level determination so the judge can decide what type of sex offender registration status is most suitable for the defendant. This determination evaluates the severity of the offense in question, the offender’s criminal history, and the offender’s perceived level of risk of re-offense. Once the determination process completes, the judge can assign the defendant as a Level 1 (low risk), Level 2 (moderate risk), or Level 3 (high risk) offender. Additionally, the judge must also use this determination to decide whether the defendant must register as a “sexually violent offender,” a “sexual predator,” or a “predicate sex offender.”

The risk level assigned to a defendant determines how long they must remain on the sex offender registry. A Level 1 offender must remain registered for 20 years, and once the 20 years concludes, they are automatically removed from the register. Level 2 offenders must register for 30 years, and a Level 3 offender must register for life. Both Level 2 and Level 3 offenders may file petitions for SORA modifications, which if successful, drop their designations to the next-lowest level. If a Level 1 offender wishes to remove themselves from the registration list early, they typically must appeal their conviction and secure an overturning of their sentence.

SORA Modifications in New York

It’s possible for a registered offender to file a petition for SORA modification that seeks to reduce their designation from a Level 3 to a Level 2 or a Level 2 to a Level 1. The petitioner must provide clear and convincing evidence that their current designation is inappropriate or excessive. However, it is also possible for a New York district attorney to file a SORA modification petition to increase an offender’s designation.

It is technically possible for Level 2 offenders to petition for relief from SORA, but it is very difficult to succeed with this type of petition. If successful, the petitioner may be relieved from any further duty to register with SORA, but it requires 30 years of registration and is only available to Level 2 offenders who do not qualify as sexual predators, sexually violent offenders, or predicate sex offenders.

Since “relief” requires a full 30 years of registration with SORA, it generally suits Level 2 offenders better to petition for modification instead of petitioning for relief. A Level 2 offender has the right to petition for a downgrade to Level 1 status once per year after the first year of their Level 2 determination. If successful, the Level 1 designation means that after 20 years, their registration status will be cleared. The petitioner must be able to make a clear and convincing case that the risk of re-offense in the future is lower than the court previously determined. Other factors that can support a petitioner seeking to downgrade their SORA registration include:

An experienced New York City SORA modifications lawyer can help their client make a convincing argument and assist them in gathering any documents that may be useful in substantiating their petition. A SORA registrant should also secure legal counsel if a New York district attorney initiates a petition for SORA modification aimed at increasing their registration classification to the next-highest tier.

A district attorney may pursue a SORA modification to increase classification if the registrant is convicted of a new crime, if the registrant has violated the terms of their parole in any way, or if they otherwise violate any term of their previous sentence. In the event a SORA registrant commits a new sex offense, and they are currently classified as Level 1 or Level 2, it is very likely for the district attorney handling their case to seek an upgrade of their classification to the next level in response.

Find Legal Counsel for Your SORA Modification Today

Facing an upgraded SORA designation can be incredibly distressing. When you are notified that a district attorney seeks to increase your SORA status to the next level, it’s understandable to feel like the system is working against you. On the other hand, if you believe your current SORA status is unfair or unreasonable, you have the right to pursue a modification to downgrade your status. In either case, you need a New York City SORA modifications attorney to assist you in your legal proceedings.

The Law Offices of Robert Tsigler, PLLC provide comprehensive legal counsel to New York City clients facing prosecution for sex crimes as well as those who intend to petition to modify their SORA classifications. If you are ready to face SORA modifications with confidence, contact the Law Offices of Robert Tsigler, PLLC to schedule a consultation and find out how our team can assist you.

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