Tenn. Code Ann. 40-39-207(c) states that (c) if an eligible offender has not been convicted of any additional sexual offenses or violent sexual offenses during a ten-year period and the offender has "substantially complied" with the registry requirements, the Tennessee Bureau of Investigation shall remove the offender's name from the registry and notify the offender that the offender is no longer required to comply with this part.
Not all offenders are eligible to petition for removal from the registry. If an offender (A) has one or more prior convictions for a sexual offense, as defined in § 40-39-202, or (B) has been convicted of a violent sexual offense, as defined in § 40-39-202 (listed below), then they must comply with the registration, verification and tracking requirements for the rest of their life, even if they are in substantial compliance.
"Violent sexual offense" means the commission of any act that constitutes the criminal offense of:
(A) Aggravated rape, under § 39-2-603 [repealed] or § 39-13-502;
(B) Rape, under § 39-2-604 [repealed] or § 39-13-503;
(C) Aggravated sexual battery, under § 39-2-606 [repealed] or § 39-13-504;
(D) Rape of a child, under § 39-13-522;
(E) Attempt to commit rape, under § 39-2-608 [repealed];
(F) Aggravated sexual exploitation of a minor, under § 39-17-1004;
(G) Especially aggravated sexual exploitation of a minor under § 39-17-1005;
(H) Aggravated kidnapping where the victim is a minor, under § 39-13-304, except when committed by a parent of the minor;
(I) Especially aggravated kidnapping where the victim is a minor, under § 39-13-305, except when committed by a parent of the minor;
(J) Sexual battery by an authority figure, under § 39-13-527;
(K) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony;
(L) Spousal rape, under § 39-13-507(b)(1) [repealed];
(M) Aggravated spousal rape, under § 39-13-507(c)(1) [repealed];
(N) Criminal exposure to HIV, under § 39-13-109(a)(1);
(O) Statutory rape by an authority figure, under § 39-13-532;
(P) Criminal attempt, under § 39-12-101, to commit any of the offenses enumerated in this subdivision (28);
(Q) Solicitation, under § 39-12-102, to commit any of the offenses enumerated in this subdivision (30);
(R) Conspiracy, under § 39-12-103, to commit any of the offenses enumerated in this subdivision (30);
(S) Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated in this subdivision (30);
(T) Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated in this subdivision (30);
(U) Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision (30);
(V) Incest, under § 39-15-302;
(W) Aggravated rape of a child under § 39-13-531;
(X) Aggravated prostitution, under § 39-13-516, provided the offense occurs on or after July 1, 2010; or
(Y) Trafficking for sexual servitude, under § 39-13-309.
Under Tenn. Code Ann. 40-39-208, the penalty for violating any registry requirement (failure to timely register, report, pay costs, etc.) is an E felony punishable by a fine of not less than $350 and imprisonment for not less than 90 days. The second offense is punishable by a fine of not less than $600 and imprisonment for not less than 180 days.
Unfortunately, your case is now listed as a conviction and the court is no longer evaluating the strength of the State's evidence. The short answer to your question is that you won't ever be able to get off of the registry. Memorize those requirements so that you don't end up getting additional felonies for simple mistakes! The requirements are confusing, subjective, and constantly changing. I wish I had better news for you! Good luck.
