ILNews

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.”
 

ADVERTISEMENT

  • 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?!!!

        Post a comment to this story

        COMMENTS POLICY
        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
        ADVERTISEMENT
        Subscribe to Indiana Lawyer
        1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

        2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

        3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

        4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

        5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

        ADVERTISEMENT