ARIZONA SEX OFFENDER REGISTRATION TERMINATION ATTORNEY

Besides meeting the requirements above, a Petition to Terminate Sex Offender Registration must include the following under penalty of perjury:

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• The victim was at least fifteen years of age at the time of the offense, was a peace officer posing as a ffifteen, sixteen, or seventeen-year-old minor or was a fictitious minor purported to be fifteen, sixteen or seventeen years of age and no physical contact occurred.

• The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title for at least ten years from the date on which the defendant was released to the community following sentencing for the offense for which he or she was ordered or required to register.

• A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or the sexually violent person proceeding to title 36, chapter 37 is not currently pending.

• The defendant was not convicted of an offense or offenses involving more than one victim.

• The defendant was not convicted of a violation or attempted violation of section 13-1406, 13-1410, 13-1417, 13-1423, 13-3206 13-3212 or 13-3553

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The court shall set a hearing and provide sufficient notice to the state to allow victim notification.  The state has the burden of establishing by a preponderance of the evidence that a factor has not been met.  At the hearing, any party may introduce any reliable and relevant evidence for the court’s consideration.  Before ruling on the Petition, the court must provide all parties, including the victim, with the opportunity to be heard.  The court shall deny the Petition if the court finds that any factor is not met.  The court may deny a Petition if it finds that a denial is in the best interests of justice or tends to ensure the safety of the public.