Oklahoma’s Sex Offender Deregistration Attorney

How can I deregister from the Sex Offender Registry?

There are two situations in which you can apply to be removed from the Oklahoma Sex Offender Registry:

1. As a Level 1 Offender: Persons who have been designated as a Level 1 offender, and have stayed out of trouble for 10 years, may apply;

2. As a consensual statutory rape offender: persons who have to register because of a statutory rape charge, and who were not more than 4 years older than the other person at the time the act occurred, may apply.

Otherwise, the Oklahoma Legislature has not provided attorneys with any other means to remove people from the Sex Offender Registry. Give us a call today to see if you qualify.

What about Starkey v. Dept. of Corrections? Can you tell me more about that?

You can read the full text of Starkey v. Dept. of Corrections here.

The Court in Starkey decided that you cannot be forced to register retroactively, and that whatever registration laws were in effect at the time of your plea, are the laws you must register by.

Alternatively, if your criminal case occurred outside of the State, you must register under the laws in effect at the time you entered and intended to stay in Oklahoma.

The effect of Starkey is to turn every deregistration case into a research project: the facts surrounding the date of your plea, or your entry into Oklahoma, must be matched to the version of the laws in effect at that time. As the Sex Offender Registration Act has been amended almost every year since it came into effect, that can be quite an undertaking.

To comply with the Supreme Court's order in Starkey, DOC has already reviewed every sex offender's case in Oklahoma, and attempted to reset their registration requirements to match the law in effect at the time of their plea, or the law in effect at the time of their entry into Oklahoma. If you believe that DOC has miscategorized you, get in touch and we’ll be happy to review your case.

What is required to be removed as a Level 1 offender?

As detailed in 57 O.S. §583(E), any person who was given a Level 1 offender designation may apply to be removed from the Oklahoma Sex Offender Registry. The requirements are that:

1. The person is currently designated as a a Level 1 offender;

2. The person has been registered for ten (10) years or longer;

3. The person has not been arrested or convicted for any felony or misdemeanor offense since release;

What about deregistration for a consensual statutory rape offender?

As detailed in 57 O.S. §590.2(A), you may request removal of from the Oklahoma Sex Offender Registry if you meet the following criteria:

1. You were convicted of Rape by Instrumentation, 1st Degree Rape, or 2nd Degree Rape;

2. You are required to register as a sex offender solely because of that violation (i.e., you have no other sex offenses whatsoever);

3. You were not more than four years older than the victim, who was between 14 and 17 years old, at the time the act was committed;

Furthermore, the District Attorney must not object to your removal from the Sex Offender Registry, and the removal must not conflict with Federal law (i.e. the Adam Walsh Act, which isn’t something that applies to most cases).