The North Star State is basically the home of sexual offender registration laws. The 1994 Jacob Wetterling Act, which was the nation’s first sex offender registration law, was based in large part on the disappearance of Jacob Wetterling. This 11-year-old boy was abducted near his home in St. Joseph. His remains weren’t discovered until 2016. Outraged lawmakers in other jurisdictions quickly passed similar laws.

But according to most, these laws may have gone too far. For example, until 2006, it was illegal for any sex offender to live within 2,000 feet of a school. That’s about a half mile. Pretty much every block in Southern California is within a half mile a school. Moreover, Jacob’s mother retracted her support for these laws in a 2016 podcast. “No more victims, that’s the goal. But we let our emotions run away from achieving that goal,” she admitted. Sex offender laws prevent offenders from ever re-integrating into society, she added. “I’ve turned 180 from where I was,” she concluded.

Largely because of this changed attitude, a Minnesota criminal defense lawyer might be able to get your name off the sex offender list. Even better, depending on the offense and circumstances, an attorney might be able to keep your name off the public sex offender list from the very beginning.

Determining Risk Level

One major flaw with sex offender registration flaws is a false assumption that all these offenders are violent predators. If Dean pays his underage neighbor to pose nude and Jerry asks for a nude picture from an underage girl he met online, they are both guilty of production of child pornography. However, Dean is clearly dangerous, and Jerry is probably just not very smart.

To account for these differences, Minnesota law requires a review board to consider individual cases and assign each defendant a threat level. Initially, there are no public hearings. However, during an initial review, the board must consider various medical and criminal records. During the review, the committee must keep a number of factors in mind. Some of them include:

• Victim’s age,
• Amount of physical contact, if any, between the defendant and victim,
• Defendant’s criminal history,
• Criminal or non-criminal history of violence (g., a prior anger management class),
• Defendant’s substance abuse issues and remission progress,
• Statements made which suggest possible re-offense, and
• Chronic illness, age, or other factors which mitigate the risk of another offense.

After the review, there must be a hearing, according to Section 255.052. Usually, a Minnesota criminal defense lawyer can attend this hearing with the defendant. If nothing else, an attorney can normally be available to advise the defendant regarding his/her answers. The Sixth Amendment is a bit unclear on this point.

If nothing else, a defendant could probably refuse to answer questions. That would force the review board to make its decision entirely on the documentary evidence. Obviously, this tactic might or might not be a good idea, depending on which way the document lean.

Risk Levels

After considering all available evidence, as well as the arguments of counsel in some cases, the review board must assign a threat level. There are three such levels in Minnesota:

• Level I (Low Risk): If the defendant was convicted of a non-violent sex crime, like indecent exposure, and there is little to no risk of re-offense, perhaps because the defendant is off drugs, Level I is probably appropriate. The sex offense will appear on law enforcement records, but it would have appeared there anyway. A few government agencies, mostly licensing agencies, might know about it as well.
• Level II (Medium Risk): When in doubt, put all the dirty clothes in warm water. Unless the defendant is an obvious Level I or Level III, the defendant is most likely a Level II. In addition to law enforcement and licensing agencies, nearby at-risk groups, such as churches, day cares, and schools, will have access to criminal history information.
• Level III (High Risk): Violent offenders who are significant re-offense risks are Level III offenders. Theoretically, anyone in the world with Internet access could know about the prior sex offender conviction. Additionally, if the defendant relocates, law enforcement holds town hall-type meetings in the new neighborhood, at least in some cases.

Former offenders may ask for reassessment. After an attorney has a “reasonable opportunity to prepare for the hearing,” the lawyer may “present evidence in support of the offender’s position, to call supporting witnesses, and to cross-examine witnesses testifying in support of the committee’s determination.”

The time between the previous offense and the hearing date is usually the best evidence in these cases. If the defendant has stayed out of trouble for several years, the review board is likely to grant some relief, especially if there is independent evidence of rehabilitation.

Usually, the review board reduces defendants from a III to a II or a II to a I. Two-level reductions are very rare, and it’s technically not possible to completely erase a defendant’s name from the sex offender list.

Please be aware that this article was written and published in conjunction with the help of Gorilla Webtactics, Law Firm Marketing Agency, and does not contain legal advice. Please do not act or refrain from acting based on anything you read in this article.

About the Author

Gerald Miller is the principal attorney in Gerald Miller, P.A., a Minnesota DWI defense firm. He has over thirty-five years of experience in this area. Gerald has been recognized repeatedly over the years for his contributions to DWI defense and his successful representation of defendants. Click here to learn more.