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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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        1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

        2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

        3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

        4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

        5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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