People v. Dulac.

2024 COA 14. No. 22CA2216. Sex Offender Registration—Petition for Removal From Registry—Deferred Judgment and Sentence—Deferred Adjudication—Case Dismissal.

February 15, 2024

Dulac received a deferred judgment and sentence for a sex offense but also pleaded guilty to two non-sex offenses in the same case. He was required to register as a sex offender under the Colorado Sex Offender Registration Act (SORA). Dulac successfully completed his deferred judgment and sentence and then petitioned for removal from the registry. The district court concluded that Dulac was ineligible to petition for removal under CRS § 16-22-113(1)(d) because his case had not been dismissed, and it denied the petition.

On appeal, Dulac argued that the district court erred by concluding that he is ineligible to petition for removal from the sex offender registry when he has successfully completed his deferred judgment and sentence and his only remaining convictions are not sex offenses. He maintained that case dismissal is required only when the person was placed on a deferred adjudication and not when the person was placed on a deferred judgment and sentence. Under CRS § 16-22-113(1)(a)–(c), a person who is required to register as a sex offender under SORA ordinarily must wait a specified period of time before petitioning to discontinue registration. However, under § 16-22-113(1)(d), when the registration requirement results from a deferred judgment and sentence or a deferred adjudication, the person may petition for removal from the registry after (1) successfully completing the deferred judgment and sentence or deferred adjudication and (2) dismissal of the case. Here, Dulac completed a deferred judgment and sentence for a sex offense but has other outstanding convictions in the same case, which has not been dismissed. Accordingly, the district court correctly concluded that Dulac is ineligible to petition for removal from the sex offender registry under § 16-22-113(1)(d).

Dulac also argued that he should no longer be required to register as a sex offender because he no longer has a conviction for a sex offense. However, the legislature set forth the conditions that a person must satisfy to petition to discontinue that registration requirement, and Dulac has not met those conditions.

The order was affirmed.