31 Miss. Code. R. 2-12.24 - Petition for Relief from Duty to Register

1. Miss. Code Ann. § 45-33-47 states that a sex offender with the duty to register under Miss. Code Ann. § 45-33-25 can be relieved of the duty to register as follows. The offender may petition the court of the sentencing jurisdiction for relief from the duty to register as set forth in Miss. Code Ann. § 45-33-47 if the offender has maintained registration in Mississippi for not less than ten (10) years from the most recent date of occurrence of one of the following:

a. release from prison,

b. placement on parole, or

c. supervised release or probation.

2. Incarceration for any offense will restart the ten-year minimum registration requirement. Registration in any other jurisdiction or state does not reduce the ten-year minimum time requirement for maintaining registration in Mississippi.

3. The court will consider the nature of the offense and the criminal and relevant non-criminal behavior of the offender before and after the conviction. The court will relieve the person of the duty to register ONLY IF the offender shows by clear and convincing evidence that future registration will not serve the purpose of the law. If such relief is granted by the court, a certified copy of the court order granting relief shall be forwarded to the CIC.

Notes

31 Miss. Code. R. 2-12.24

Miss. Code Ann. § 45-1-3

Statutory Reference: Miss. Code Ann. § 45-33-47.