Criminal Law

Can I appeal an Arkansas Sex Offender Level Assessment?

Many individuals who have completed a sex offender assessment disagree with the level assigned to them by the committee. It is possible to appeal your assessment.  To successfully appeal, it’s very important to have a lawyer who understands the process.

You can appeal, but you need to start the process as soon as you get your notification letter.

There are some very tight deadlines for applying for an appeal after receiving your notification letter.  If you don’t hit those deadlines, your appeal won’t be reviewed.

You have to send back a request for an appeal within fifteen days of getting your notification.  Your request has to contain specific requests and follow the procedure for requesting an appeal. Again, if you don’t follow the procedures, your appeal wont’ be reviewed.

How is the assessment reviewed?

When you’re appealing an assessment, you have to give a specific reason for the review.  You can claim the rules for the assessment weren’t followed by the committee. You can produce new evidence that the committee didn’t have when it made the assessment.  You can also claim the assessment wasn’t substantially supported by the evidence the committee had.

Hiring an attorney who understands the process is the best strategy.

The requirements for an appeal are technical and it has to be requested quickly.  To make sure your request for an appeal goes forward, you should hire an attorney that is familiar with the process. The best time to hire an attorney is before your first assessment so that your attorney can have plenty of time to craft your request for an appeal so it is accepted.

What do I do if my request is denied?

If your appeal is denied, you can actually appeal the administrative review of your assessment to circuit court.  There are a number of complicated legal issues with an administrative appeal to circuit court. Again, the best way to prepare for that process is to hire an attorney who is experienced with the process before the process begins.

If you are preparing for a Sex Offender Level Assessment, call us so that we can help you prepare for the appeals process.  

Other interesting blogs on the topic:

Sex Offender Deregistration

What does it cost to be removed from the Arkansas Sex Offender Registry?

About the Author
Stewart A. Whaley Arkansas Lawyer

Stewart A. Whaley

Lawyer

Stewart grew up in Helena, Arkansas. He graduated with Honors from the William H. Bowen School of Law in Little Rock and trained with the National Institute for Trial Advocacy. His practice includes family law, criminal defense and prisoners’ rights. Stewart is a qualified Dependency/Neglect Attorney ad Litem, Domestic Relations Attorney ad Litem and an advisor to the Central Arkansas…

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