Removal of Level 1 Offenders from Georgia Sex Offenders Registry

A degree holder from the University of North Carolina at Chapel Hill, Michael Kennedy McIntyre founded the law firm Michael Kennedy McIntyre and Associates in 1985. With over three decades of experience practicing law, Michael Kennedy McIntyre is well-versed in the process of petitioning for removal of a convicted sex offender from the Georgia sex offender registry. According to the Georgia sex offender registry, two categories of crimes warrant registration, dangerous sexual offenses and criminal offenses against a minor. While having a name removed from the sex offenders list can be an uphill task, it can make a significant positive change in the life of the person affected. Specific requirements must be met for a person’s name to be removed from the sex offender registry. Persons whose sentences ended over ten years ago must be classified as Level 1 offenders to be considered for removal. Level 1 offenders are considered low-risk offenders. Level 1 offenders may provide information such as psychological evaluations, character letters, treatment records, and witness statements from local law enforcement or probation officers. After the attorney gathers all the relevant information needed, he or she then prepares and files a petition to have the offender’s name removed from the sex offender registry. A judge will then evaluate the request for removal. If the judge rules in favor and the offender is found eligible for removal, their name will be removed from the registry.

How Parole Is Granted in Georgia

Georgia State Board of Pardons and Paroles Image: pap.georgia.gov

Michael Kennedy McIntyre is a post-conviction criminal defense lawyer based in Atlanta, with experience spanning over three decades. He founded Michael Kennedy McIntyre & Associates in 1985 to focus on post-conviction representation in the state of Georgia. In the course of his career, Mr. McIntyre has served as a lead defense counsel on a number of death penalty cases.

Michael Kennedy McIntyre & Associates is well versed in evaluating various options available for clients to obtain relief from their conviction, including parole representation and related options. Parole is when offenders are granted early release from their prison sentence and allowed to serve the remainder of their sentence in the community but under supervision and with certain conditions.

Georgia’s State Board of Pardons and Paroles is mandated to grant parole at its discretion for various offenders who have served time for their sentences. In Georgia, parole is not granted for some offenses. It is beneficial for clients who are eligible for parole to know the parole guidelines recommendation for their offense.

For instance, some offenses require an inmate to serve 65 percent of the sentence before being released on parole. Also, murder convictions with a life sentence which occurred after 2006 are not eligible for parole consideration until after the service of 30 years. When considering parole, the State Board of Pardons and Paroles follows a grid system, the parole guidelines, which is advisory. Although the Parole Board utilizes the grid system when considering a case, the Parole Board can determine to depart upward or downward from the grid system. Last, the Parole Board exercises discretion and does not have to disclose why it has made a particular decision or what information is contained in an offender’s parole file.

Georgia Department of Community Supervision

Department of Community Supervision
Image: dcs.georgia.gov

Michael Kennedy McIntyre opened his practice, Michael Kennedy McIntyre & Associates in Atlanta, Georgia, over 30 years ago and specializes in post-conviction representation. McIntyre & Associates is available to assist individuals with issues that arise while on parole or probation in Georgia. For years in Georgia, parolees were supervised by the Georgia Board of Pardons and Paroles and probationers were supervised by the Georgia Department of Corrections. In 2015, based upon a review by the Georgia Council of Criminal Justice Reform, a bill was introduced to the Georgia Assembly which would combine the supervision of parolees and probationers by creating one state agency that would be responsible for all offender supervision. That bill, HB 310, was signed into law in May 2015 by Governor Deal and thereby created the Department of Community Supervision (DCS). The DCS monitors both parolees and probationers has its headquarters in Atlanta and field offices throughout the state.