New York law allows registrants to apply for a “Level Modification” once per calendar year. A person who has lived a safe and law abiding lifestyle for an extended period of time has earned the chance at redemption. Lowering your SORA risk level in New York State can be life changing.
Subsection 2 of Correction Law§ 168-o authorizes any person required to register or verify under SORA to petition for an order modifying his or her level of notification. Of course, as a practical matter, this only applies to people who have been classified as risk level 2 or 3. A person with a risk level 1 cannot modify below that level and cannot petition to get off early. People v. Wyatt, 89 A.D.3d 112 (2d Dept. 2011) and Doe v. Cuomo, 755 F.3d 105 (2d Cir. 2014). Note that there is no procedure for modifying a designation. Modification is limited to risk levels only. A person is stuck with his or her designation (and registration) for life. Eligibility Any person required to register or verify pursuant to SORA who is a risk level 2 or 3 A person who was designated as a sexual predator, a sexually violent offender or a predicate sex offender is not precluded from eligibility for modification Petition cannot be considered more than annually
The process of developing a mitigation package to present to the Board of Examiners and the Court is a time consuming and detailed one. It is recommended you speak with a qualified attorney who is experienced in New York’s SORA laws and modification procedures.
Below you can find some links regarding modification procedure’s:
New York State Unified Court System
Division of Criminal Justice Services – Statute