New York City
SORA Modifications
Lawyer
Providing Legal Counsel for SORA Modification Proceedings in NYC
The Sex Offender Registration Act (SORA) exists to inform the public of potentially dangerous individuals convicted of sex crimes. In some cases, those convicted of sex offenses may be able to have their SORA determination modified to enjoy more freedoms and opportunities in their life. A New York City SORA modifications lawyer can help with these situations.
Our legal professionals at the Law Offices of Robert Tsigler, PLLC, have decades of experience navigating sex crime cases, and we’re well-versed in New York City SORA modification laws. No matter your situation, you can have peace of mind knowing our SORA modification attorneys are here to help.
SORA Modification Laws in New York City
When prosecutors secure a conviction against an individual for any sex offense in New York, the defendant must register as a sex offender for a time determined by the severity of their offense. This can interfere with the registrant’s life in many ways, which is why it’s important to ensure you receive the right determination after being convicted.
If you are listed as a sex offender, you may be barred from working in certain places, holding certain jobs, or entering certain areas, including some public spaces. Moreover, sex offender databases are publicly available, so virtually anyone can look up your sex offender status. So, your SORA determination can have a negative impact on your personal life, too. The number of registered sex offenders in the United States nearly reached 800,000 in 2024.
There is currently a total of 42,611 sex offenders registered in New York alone. These registered offenders are classified as Level 1, 2, or 3 depending on their assessed risk of reoffending. If you wish to have your SORA determination modified, it’s wise to hire a SORA modifications lawyer. The Law Offices of Robert Tsigler, PLLC can provide the legal representation you need to navigate the proceedings and achieve a favorable outcome.
SORA Determinations in New York
When a sex crimes trial concludes and the defendant is found guilty of committing a sex crime, the judge will sentence the defendant according to state law. However, SORA requires a risk level determination so the judge can decide what type of sex offender registration status is most suitable for the defendant. This determination evaluates the severity of the offense in question, the offender’s criminal history, and the offender’s perceived level of risk of re-offense.
Once the determination process is completed, the judge can assign the defendant to:
- Level 1 (low risk). Level 1 offenders must remain registered for 20 years, and once the 20 years conclude, they are automatically removed from the register. These offenders enjoy some level of privacy because they are not required to be in the public sex offender registry system. Their name is still added to a confidential database for those 20 years.
- Level 2 (moderate risk). If you’re registered as a Level 2 sex offender, your name is going to be on the public registry, which means members of your community can see it. You can petition to be removed from the registry after 30 days. Offenders can petition for this removal every two years after that.
- Level 3 (high risk). Level 3 offenders face the most severe penalties and must register for life. It’s not possible for Level 3 offenders to be removed from the public sex offender registry. This is because they are considered the most dangerous.
The judge must also use this determination to decide whether the defendant must register as a “sexually violent offender,” a “sexual predator,” or a “predicate sex offender.” This can increase the penalties you may face when you’re convicted.
Types of SORA Modifications in New York City
There are three types of SORA modifications that may be initiated by registrants or district attorneys. Both Level 2 and Level 3 offenders may file petitions for SORA modifications, which, if successful, drop their designations to the next-lowest level.
If a Level 1 offender wishes to remove themselves from the registration list early, they typically must appeal their conviction and secure an overturning of their sentence. It’s also technically possible for Level 2 offenders to petition for relief from SORA, but it is very difficult to succeed with this type of petition.
If you do succeed, the petitioner may be relieved from any further duty to register with SORA, but it requires 30 years of registration and is only available to Level 2 offenders who do not qualify as sexual predators, sexually violent offenders, or predicate sex offenders.
Relief
Since “relief” requires a full 30 years of registration with SORA, it generally suits Level 2 offenders better to petition for modification instead of petitioning for relief. A Level 2 offender has the right to petition for a downgrade to Level 1 status once per year after the first year of their Level 2 determination.
In this case, the Level 1 designation means that their registration status will be cleared after 20 years. The petitioner must be able to make a clear and convincing case that the risk of re-offense in the future is lower than the court previously determined. Factors that can support a petitioner seeking to downgrade their SORA registration include:
- Providing evidence of completion of a sex offender treatment program.
- Offering a clear explanation of relevant changes in the petitioner’s life that have occurred since their initial SORA determination.
- Explaining the negative effects the petitioner has experienced due to their current classification.
If you intend to file a petition for a SORA modification, or if a district attorney intends to modify your existing registration status through a SORA modification, it can be helpful to have an attorney on your side. That way, you can approach the situation with confidence.
The Importance of Legal Support
At the Law Offices of Robert Tsigler, PLLC, our goal is to help you navigate your case and work toward the most favorable outcome. No matter the details of your situation, you can count on our team to be there for you to help you through it.
Representation at your SORA hearing can make all the difference in your case. Since the District Attorney has the burden of proof in a SORA case, it’s up to you to build a solid enough case that outweighs the evidence they provide.
SORA Modifications From Prosecutors in New York
It’s important to note that it’s also possible for a New York district attorney to file a SORA modification petition to increase an offender’s designation. A district attorney may pursue a SORA modification to increase classification if the registrant:
- Is convicted of a new crime
- Violates the terms of their parole
- Violates any term of a previous sentence
In the event a SORA registrant commits a new sex offense, and they are currently classified as Level 1 or Level 2, it is very likely that the district attorney handling their case will seek an upgrade of their classification to the next level in response.
A New York City SORA modification lawyer from the Law Offices of Robert Tsigler, PLLC can help in these situations, too.
Find Legal Counsel for Your SORA Modification Today
Facing an upgraded SORA designation can be incredibly distressing. When you are notified that a district attorney seeks to increase your SORA status to the next level, it’s understandable to feel like the system is working against you.
On the other hand, if you believe your current SORA status is unfair or unreasonable, you have the right to pursue a modification to downgrade your status. In either case, you need a New York City SORA modifications attorney to assist you in your legal proceedings.
Get the Help You Need
The Law Offices of Robert Tsigler, PLLC, provide comprehensive legal counsel to New York City clients facing prosecution for sex crimes as well as those who intend to petition to modify their SORA classifications.
If you are ready to face SORA modifications with confidence, contact the Law Offices of Robert Tsigler, PLLC to schedule a consultation and find out how our team can assist you. Our legal team can help you thoroughly explore your legal options. Connect with our team to get started.
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