Removal of Sex Offender Registration Requirement

Sexual offenders must normally maintain registration with FDLE for the duration of their life unless:

• the sexual offender has received a full pardon; or
• has had a conviction set aside in a postconviction proceeding for any offense that met the criteria for the sexual predator designation or that met the criteria for classifying the person as a sexual offender for purposes of registration.

Under §943.0435(11)(a), however, a few select offenders may be able to have their names removed from the registry and may have the registration requirement removed if:

• they have been lawfully released from confinement or supervision for 25 years;
• have not committed any misdemeanor or felony offense in that time; and
• were not guilty of certain offenses committed as adults.

Attorney to Remove the Sex Offender Registration Requirement

The attorneys at Sammis Law Firm represent clients who are eligible for removal from the sex offender registration requirements under Section 943.0435(11).

Our offices are located in Tampa in Hillsborough County, Clearwater in Pinellas County, and New Port Richey in Pasco County, FL.

Call 813-250-0500 for a free and confidential consulation.

Removal under Florida Statute Section 943.0435(11)

Section 943.0435(11)(a), F.S., permits those designated as “sexual offenders” who have been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years to petition the criminal division of the circuit court of the circuit where the conviction or adjudication occurred.

To qualify for removal from the requirements of registering as a sex offender, the person must meet several requirements. First, the person must not have been arrested for any felony or misdemeanor offense since release to petition the court for the purpose of removing the requirement for registration as a sexual offender.

Second, the offender’s requirement to register was not based on an adult conviction, regardless of whether the person was adjudicated guilty for the offense, for:

• A violation of ss. 787.01 or 787.02, F.S.;
• A violation of s. 794.011, F.S., excluding s. 794.011(10), F.S.;
• A violation of s. 800.04(4)(a)2., F.S., where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion;
• A violation of s. 800.04(5)(b), F.S.;
• A violation of s. 800.04(5)(c)2., F.S., where the court finds the offense involved the use of force or coercion and unclothed genitals or genital area;
• Any attempt or conspiracy to commit any such offense; or
• A violation of similar law of another jurisdiction.

The court may grant or deny relief if the offender demonstrates to the court that:

• he or she has not been arrested for any crime since release;
• the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of federal funds by the state; and
• the court is otherwise satisfied that the offender is not a current or potential threat to public safety.

The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied.

If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief as explained in Section 943.0435(11)(a), F.S.

Under Section 943.0435, F.S., an eligible sexual offender may, for the purpose of removing the requirement for registration as a sexual offender, petition the criminal division of the circuit court of the circuit where the:

• Conviction or adjudication occurred, for a conviction, in Florida;
• Sexual offender resides, for a conviction of a violation of similar law of another jurisdiction; or
• Sexual offender last resided, for a sexual offender with a conviction of a violation of similar law of another jurisdiction who no longer resides in this state.

Removal from Registration Requirements under Section 943.04354, F.S.

Section 943.04354(1), F.S., provides that a person may be considered for removal from the requirement to register as a sexual predator or offender if the person:

• does not have any other conviction or adjudication of delinquency for a violation of ss. 794.011, 800.04, 827.071, or 847.0135(5), F.S., or for a similar offense in another jurisdiction;
• was convicted or adjudicated delinquent of:
  • a violation of ss. 794.011, 800.04, 827.071, or 847.0135(5), F.S., or
  • of a similar offense in another jurisdiction, and
• is required to register as a sexual offender or predator solely on the basis of this violation; or
• no longer meets the criteria for registration as a sexual offender or sexual predator under the laws of the jurisdiction in which the similar offense occurred; and
• is not more than 4 years older than the victim of this violation who was 13 years of age or older, but younger than 18 years of age at the time the person committed this violation.

Subsection (2) of the statute provides that if a person meets the above criteria the person may move the criminal division of the circuit court of the circuit where the conviction or adjudication for the qualifying offense occurred to remove the requirement that the person register as a sexual offender or sexual predator.

The person must:

• allege in the motion that he or she meets the criteria in subsection (1) and that removal of the registration requirement will not conflict with federal law; and
• provide the court with written confirmation that he or she is not required to register in the jurisdiction in which the conviction or adjudication occurred if the offense occurred in a jurisdiction other than Florida.

A person seeking to have his or her registration requirements removed under this section, must file a motion in the criminal division of the circuit court where the:

• conviction or adjudication for the qualifying offense occurred if registration is required for a conviction that occurred in this state;
• sexual offender or sexual predator resides if registration is required for a violation of similar law of another jurisdiction.
• the state attorney and FDLE must be given notice of the motion at least 21 days before the date of sentencing, disposition of the violation, or hearing on the motion and may present evidence in opposition to the requested relief or may otherwise demonstrate why the motion should be denied.
• if the court determines the person meets the criteria in subsection (1) and the removal of the registration requirement will not conflict with federal law, it may grant the motion and order the removal of the registration requirement.
• if the motion is granted, the person must provide FDLE a certified copy of the order granting relief. If motion is denied, the person is not authorized under this section to file another motion for removal of the registration requirement. s. 943.04354(2), F.S.

Read more about crimes for violations of Sexual Offender Registration Requirements under Section 943.0435.

This article was last updated on Friday, August 14, 2026.