Wylie, TX asked in Criminal Law and Gov & Administrative Law for Arkansas

Q: Can the Arkansas sex offender board access a person as a level 4 without a judge's court order?

I was not accessed by Colorado state court as meeting the criteria to be considered a level 4 sex offender in 1992 or when I was parole in 2009. The Arkansas sex offender board accessed me as a level 4 without a judge's order. Is that legal and can I somehow get this changed. I've been out 9 years and have not committed any new offenses against anyone.

1 Lawyer Answer
Stewart Whaley
Stewart Whaley
  • North Little Rock, AR
  • Licensed in Arkansas

A: SOCNA can assign a level without a Judge ever being involved. For judicial review: (1) appeal the decision to SOCNA, they review (and certainly will NOT decide they were wrong) and you remain a level 4. (2) now you can appeal to an ELECTED circuit court judge.

Getting a Level 4 (the max; sexually violent predator; most likely to re-offend) reduced to a 3 is a very, very difficult process with low probability of success. Consult an Arkansas attorney with experience in sex offender level assignment issues and appeals. They will need to review very specific facts and issues to determine what/if possible paths exist.

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