The sex offender registry is a database used by police agencies when investigating sex-related crimes. The database keeps track of convicted sex offender’s information so that their whereabouts are easily identifiable. Some of the required information in the database includes:
- Name
- Address
- Phone number
- Physical description
- Birthdate
- Gender
- Information regarding the offence
Types of Sex Offender Registries
There are two sex offender registries relevant to residents of Ontario. The first is a federal registry run by the Royal Canadian Mounted Police called the National Sex Offender Registry, also known as NSOR.
The second is the Ontario Sex Offender Registry, also known as OSOR. This registry is run by the Ontario Provincial Police. One must register under the Ontario Registry if they are an Ontario resident and commit a sexual crime.
Although the two registries are similar, there are some notable differences. Getting an early removal from the OSOR is usually not permitted, however, one is able to apply for an early termination from the NSOR, which is explained further down below.
Registering and Reporting
If you are convicted of a sexual crime and served with a Sex Offender Registration Act order, you must register at your local registration centre within seven days of your conviction or release from custody. Individuals on the sex offender registry must report to the registration centre on a yearly basis for the duration specified on their order. Depending on the crime, you will stay on the sex offender registry for 10 or 20 years, and in some cases, your lifetime. The lifetime registry typically applies to individuals who were convicted of multiple sexual crimes or were sentenced to more then ten years for a sexual crime. If one does not comply with the annual reporting, they can receive a fine up to $25,000 and up to one year in prison.
Getting Off the Registry
For National Sex Offender Registry:
- If the duration of your order is 10 years, then you are eligible to apply for termination after 5 years.
- If the duration is 20 years, then you are eligible to apply after 10 years.
- If your duration is lifetime, then you are eligible to apply for the order after 20 years.
Getting off the Ontario registry is much more complex and difficult, since the Ontario registry does not allow early terminations unless the offender has a received a pardon or a Record Suspension. If those conditions apply to you, then you may apply to be removed from the Ontario registry.
It is a rare occurrence that one is removed from the sex offender registry before the duration on their order is over. However, with the help of an experienced lawyer, one can apply for a termination order. Obtaining a lawyer is essential due to the guidance and insight they provide throughout this process.
Our team at Collett Read LLP is here to provide expert guidance and support. If you want to apply to be removed from the NSOR or OSOR, contact our office today at (905) 541-2228 or fill out a form for a free consultation.
