Sex offender may file to take name off registry

Back to TopCommentsE-mailPrintBookmark and Share

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.”


  • 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 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 -
  • 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.
    • 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?!!!

        Post a comment to this story

        We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
        You are legally responsible for what you post and your anonymity is not guaranteed.
        Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
        No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
        We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

        Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

        Sponsored by
        Subscribe to Indiana Lawyer
        1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

        2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

        3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

        4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

        5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well