The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 167 : Crime Victims

Subchapter 003 : SEX OFFENDER REGISTRATION; LAW ENFORCEMENT NOTIFICATION

• § 5416. Persons subject to erroneous Sex Offender Registry requirements; petition to correct

  (a) A person may petition the court for an order declaring that the person has been inadvertently subject to erroneous Sex Offender Registry requirements and directing the Department of Public Safety to correct the error. The petitioner shall provide notice of the petition to the State’s Attorney or the Attorney General, who shall be the respondent in the matter.

  (b) A petition filed under this section shall include:

  (1) the court’s order issued under subdivision 5403(b)(2) of this title to comply with Sex Offender Registry requirements, if available; and

  (2) the factual basis for the petitioner’s allegation that he or she was subject to an erroneous Sex Offender Registry requirement.

  (c) The court shall grant a petition filed under this section if it finds that the petitioner has demonstrated by a preponderance of the evidence that he or she was by court order subject to an erroneous Sex Offender Registry requirement. As used in this subsection, “erroneous Sex Offender Registry requirement” includes the person’s name being erroneously placed on the Sex Offender Registry or the Internet Sex Offender Registry, or the person being erroneously subject to lifetime registration under subsection 5407(f) of this title.

  (d) If a petition filed under this section is granted, the court shall enter an order declaring that the person had been inadvertently subject to erroneous Sex Offender Registry requirements. The court shall provide the order to the Department of Public Safety and direct the Department to take any action necessary to correct the error, including, if appropriate, removing the person’s name from the Sex Offender Registry and the Internet Sex Offender Registry.

  (e)(1) If the court denies a petition filed under this section, no further petition shall be filed by the person with respect to the alleged error.

  (2) This subsection shall not apply if the petition is based on:

  (A) newly discovered evidence;

  (B) an expungement order issued under chapter 230 of this title;

  (C) a successful petition under chapter 182 of this title (innocence protection); or

  (D) a successful petition for postconviction relief. (Added 2015, No. 31, § 5.)