The requirements can feel like a moving target. Michael Fayard, Criminal Defense Attorney, is here to clear up the confusion and help you fight for fair treatment if you have been charged with a sex crime. Read on to learn more about the sex offender registry in Hawaii. And give us a call if you need help fighting a sex crime charge.
The requirements for sex offender registration in Hawaii are strict and somewhat confusing. Below, we answer some common questions on the subject.
If you have been convicted of a sex crime whether in Hawaii or another state, you are required to register as a sex offender – or “covered” offender, as state officials say – with the police chief where you live. Under state law, you have to register within three business days of your conviction – if you are not being incarcerated – release from incarceration, arrival in Hawaii, release on furlough or probation, or placement on parole.
Even if you are not a permanent resident of Hawaii, you might have to register as a covered offender here if either of the following is true:
After you have registered, you must report in person to the police chief once per year within the month after your birthday.
Every state in the U.S. has a sex offender registry of some kind. Each one has its own requirements and displays different information. Hawaii’s sex offender registry displays the following to the public:
Failure to register as a sex offender is a crime; it is a Class C felony. In Hawaii, a Class C felony is punishable by up to five years in prison and $10,000 in fines. If you have been charged with a crime for failing to register as a sex offender in Hawaii, an experienced sex crime attorney can help.
When you register as a sex offender in Hawaii, you must report in-person to a registration facility. There, you will be asked a series of questions about your identity, address, vehicles, and more. You will fill out forms and sign documents that state that the information you have given is true. You can only register between 8 a.m. and 4 p.m. on business days.
Currently, the Hawaii sex offender registration facilities include the following:
A conviction for any sexual offense means you have to register as a sex offender in Hawaii. The following is a list of common sex crimes that require registration:
This is not a complete list of crimes that require sex offender registration in Hawaii. And keep in mind that some aggravating factors and details can affect your requirements.
Unless you meet certain requirements, you must register as a sex offender for life in Hawaii. The only way to get off the registry is to petition the court in a civil proceeding. Even then, you have to meet certain requirements.
For instance, if your offense was not considered the most severe kind of sex crime, you have maintained a clean record for 25 years, and you are not a repeat offender, you may be able to petition the court to remove you from the list. An out-of-state offense that is considered relatively minor might be able to be removed after 10 years. Otherwise, you might have to wait as long as 40 years to petition the court.
The best way to get your name off of the sex offender list is to never be convicted of a sex crime in the first place. A skilled sex crime defense lawyer can help with that.
Michael Fayard, Criminal Defense Attorney, believes everyone deserves an excellent criminal defense and a second chance. If you have been charged with a sex crime or would like to discuss your legal options involving the sex offender registry, get in touch.