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Sex offender may file to take name off registry

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The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he filed his petition in the wrong court.

In Glenn E. Brogan v. State of Indiana, No. 57A04-0910-CR-592, Glenn Brogan appealed the denial of his motion by Noble Superior Court to remove his name from the state’s sex offender registry. Brogan was convicted in late 1994 of two counts of child molestation in the county. At the time of his conviction, he wasn’t required to register as a sex offender. When he filed his motion in 2009 in Noble County to remove his name, he was incarcerated in the New Castle Correctional Facility for failing to register in Huntington County in 2008.

The Noble Superior Court denied his motion because it ruled it didn’t have authority or jurisdiction to remove his name.

The appellate court had to navigate the law following the Indiana Supreme Court’s ruling in Wallace v. State, 905 N.E.2d 371 (Ind. 2009), and recently enacted legislation entailing how a registered sex offender may remove his or her name from the registry to determine in what forum Brogan should seek relief under Wallace.

The COA judges determined Brogan appropriately presented his request to be removed from the sex offender registry in his motion. Under a recent provision to Indiana Code Section 11-8-8-22, a sex offender can petition to have his name removed from the registry and the provision was made applicable in 2007 if there has been a change in federal or state law after June 30, 2007. The judges deemed Wallace such a change in law; they also noted the 2010 amendment to the statute authorizing an offender to raise an ex post facto claim.

The appellate court agreed that Noble Superior Court wasn’t the proper forum for granting Brogan relief. Under the 2010 legislation, the General Assembly dictated that the petition should be filed where the offender lives, spends the most time, works, or attends school. Only if none of those apply should the petition be filed in the county where the offender was originally convicted. Brogan should file in the county in which he resides.

“One thing is patently clear from the Wallace decision. Brogan is entitled to have his name removed from any sex offender registry which has resulted from his 1994 convictions in Noble County,” wrote Senior Judge Patrick Sullivan.

Judge Michael Barnes agreed with his colleagues in a separate opinion that Brogan needs to refile his petition in a different county.

“That determination, however, should be made by the trial court if Brogan refiles his motion pursuant to Indiana Code Section 11-8-8-22,” wrote Judge Barnes. “I think it is premature at this time to hold that Brogan is entitled to have his name removed from the sex offender registry.”
 

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  • wondering
    I'm wondering if you ever found out how to remove your name? As the same thing happened to my bf. They said 10 years but on the list it shows for life. He is on there for criminal confinement.
  • quick and fast help asap
    a lot of people dont really believe because you have a record doesn't make you a bad person,and regardless something i did far back as college shouldn't hunt me for the rest of my life.but the system is wrong about this and this need to be said.in my case after my DUI case and after college,i noticed each time my employers did a background check i was been let-go,i became really depressed,i couldn't work at the place i deserve or desire because of something i did years ago,which doesn't define who i am today.till a friend from work who had a similar experience told me i could have my records disappear,sounded like magic right? well it wasn't. she introduced me to a group of elite who actually got my records clean and each time any of my employers check my past records now,its clean,you can try out hackhemp((at))gmail((dot))com today to have your records deleted .you can thank me later.they guarantee 100% money back.this really helped me a lot and i think it can help someone here too.
  • Removal from the Indiana Sex Offender Registry
    Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/
  • help my boyfriend off the registry
    I have tried to do look into this since 2015 to see if its possible to take his name off the registry. The state of conviction is Tennessee, since moving to Indiana in 2014 he's had to register every ninety days, in Tenn it was on a yearly basis now here its for life cause of his conviction status. On the registry they have categorically calling him a violent predator he gets off probation next year in May 2017 what court should we petition, and do we need representation for success. Thanks for reading,
  • offender registry
    In 2000 i was convicted of criminal confinement on a 17 year old. I was sentenced to ten year notification upon my 2007 release from prison. I went back to prison in 2009 for burglary and moved to howard county where i was placed on life time notification for the 2000 offense. What can i do to get off? I know people that were charged with child molestation that have been removed from the registry all together.
  • registry
    I am a paralegal in Indiana. I have been working with a good friend of mine who was convicted in 2008 of a class c felony sex offense. He was sentenced to 8 yrs. & 10 yrs. On registry. Upon release in Indiana, different county than conviction he was on 10 yr. registry. When he moved back to county of conviction in Indiana, he was placed on lifetime registry. If we cannot challenge registry, we will challenge constitutionality of conviction. State cannot have their cake and eat it too.
    • REMOVE NAME
      MY SON MADE A STUPID MISTAKE WHEN HE WAS 17 YRS. OLD AND HAS BEEN CONVICTED TEN OR MORE YEARS AGO. HIS NAME IS ON SEX OFFENDERS REGISTRY. HE HAS BEEN DEPORTED 3 YEARS AGO BECAUSE OF HIS CRIME. HE HAS NOW A FAMILY WITH 5 CHILDRENS AND A GOOD AND DESCENT JOB TO SUPPORT HIS FAMILY. HE NOW IS CONCERNED ABOUT HIS NAME ON THE SEX OFFENDERS THAT MAY CAUSE HIS JOB. IN WHAT WAY THAT HE CAN REMOVE HIS NAME.
    • getting off the registry
      how does a person get off the registry. when i was convicted i was ordered to registor for ten years and then right before i was supposed to stop i was told that i had to register for life.
      • Spouse
        In doing research to get my husband off the registry I have been going thru the ACLU. They did advise us that once we got releaf that if we left the state that he would be bound the federal SORNA act and have to register again. Best bet move back to Indiana and live your life. So as much as I hate to say it Iowa is correct in the ruling dont mean anything to them.
      • Still Persercuted
        I recently had my name removed from the registry by a Indiana Judge early this year also; however Iowa, the state I moved to informed me that the Indiana Juges' Order(the convicting state)means nothing here and that I must still register for life!! Can I get some feed back on how to proceed and make them pay?!!!

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        3. Don't we have bigger issues to concern ourselves with?

        4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

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