(1)The department shall automatically remove an individual who is currently on the registry if:
(1)(a) the only offense or offenses for which the individual is on the registry are listed in Subsection (2); or
(1)(b) the department receives a formal notification or order from the court or the Board of Pardons and Parole that the conviction for the registrable offense for which the individual is on the registry has been reversed, vacated, or pardoned.
(2)The offenses described in Subsection (1)(a) are:
(2)(a) a class B or class C misdemeanor for enticing a minor under Section 76-5-417;
(2)(b) kidnapping under Subsection 76-5-301(2)(a) or (b);
(2)(c) child kidnapping under Section 76-5-301.1, if the offender was the natural parent of the child victim;
(2)(d) unlawful detention under Section
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The department shall automatically remove an individual who is currently on the registry if:
(1)(a) the only offense or offenses for which the individual is on the registry are listed in Subsection (2); or
(1)(b) the department receives a formal notification or order from the court or the Board of Pardons and Parole that the conviction for the registrable offense for which the individual is on the registry has been reversed, vacated, or pardoned.
(2) The offenses described in Subsection (1)(a) are:
(2)(a) a class B or class C misdemeanor for enticing a minor under Section 76-5-417;
(2)(b) kidnapping under Subsection 76-5-301(2)(a) or (b);
(2)(c) child kidnapping under Section 76-5-301.1, if the offender was the natural parent of the child victim;
(2)(d) unlawful detention under Section 76-5-304;
(2)(e) a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse, under Section 76-5-401; or
(2)(f) sodomy, but not forcible sodomy, under Section 76-5-403.
(3) The department shall notify an individual who has been removed from the registry in accordance with Subsection (1) and inform the individual in the notice that the individual is no longer required to register as an offender.
(4) An individual who is currently on the registry may submit a request to the department to be removed from the registry if the individual believes that the individual qualifies for removal under Subsection (1).
(5) The department, upon receipt of a request for removal from the registry in accordance with this section, shall:
(5)(a) check the registry for the individual's current status;
(5)(b) determine whether the individual qualifies for removal based upon this section; and
(5)(c) notify the individual in writing of the department's determination and whether the individual:
(5)(c)(i) qualifies for removal from the registry; or
(5)(c)(ii) does not qualify for removal.
(6) If the department determines that the individual qualifies for removal from the registry, the department shall remove the offender from the registry.
(7) (7)(a) If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department's determination.
(7)(b) The department's determination under Subsection (7)(a) is final and not subject to administrative review.
(8) The department or an employee of the department is not civilly liable for a determination made in good faith in accordance with this section.
(9) (9)(a) The department shall provide a response to a request for removal within 30 days after the day on which the department receives the request.
(9)(b) If the response under Subsection (9)(a) cannot be provided within 30 days after the day on which the department receives the request, the department shall notify the individual that the response may be delayed up to 30 additional days.