I've looked into this. He can always petition again. I'm assuming you mean registry? Either one, probation or registry you can petition more than once for sure. Not sure if they'll take him off the registry tho... I would say it depends on the state you live in and how long he's supposed to be on it.

We live in Montana he’s supposed to be eligible to be taken off

taken off the registry? and he's done with his time on it? And they haven't taken him off yet?

how many years is an SO to spend time on the Registry there and how many years has he been on it?

He’s just able to petition to be off he’s been on it for 10 plus years

Carmin,

I checked the Montana statutes regarding the termination to register as a sex offender. You must petition the court, but I could find no mention that you could only petition the court one single time.

I think a registrant can petition the court multiple times, but he may be limited as to how many times he can petition within a certain period of time.

http://tinyurl.com/y9nfbfqx

The pertinent section is section (3).

“(3) (a) An offender required to register for 10 years under subsection (2)(a) may, after the 10 years have passed, petition the sentencing court or the district court for the judicial district in which the offender resides for an order relieving the offender of the duty to register. The petition must be served on the county attorney in the county where the petition is filed. The petition must be granted if the defendant has not been convicted under subsection (2)(b).

(b) Except as provided in subsection (5), at any time after 10 years of registration for a level 1 sexual offender and at any time after 25 years of registration for a level 2 sexual offender, an offender may petition the sentencing court or the district court for the judicial district in which the offender resides for an order relieving the offender of the duty to register. The petition must be served on the county attorney in the county where the petition is filed. Prior to a hearing on the petition, the county attorney shall mail a copy of the petition to the victim of the last offense for which the offender was convicted if the victim's address is reasonably available. The court shall consider any written or oral statements of the victim. The court may grant the petition upon finding that:

(i) the offender has remained a law-abiding citizen; and

(ii) continued registration is not necessary for public protection and that relief from registration is in the best interests of society.”

You will notice that there is no mention of a limitation on the number of times a registrant can petition the court.

EVEN THOUGH THERE IS NO LIMITATION IN THE STATUTE, THERE MAY BE AN ADMINISTRATIVE RULE THAT A PERSON CAN ONLY PETITION THE COURT A CERTAIN NUMBER OF TIMES IN A GIVEN PERIOD OF TIME. FOR EXAMPLE, I AM SURE THE COURT WOULD NOT ALLOW SOMEONE TO PETITION THE COURT FOUR OR FIVE TIMES A YEAR.

Here is what I would do: I would find an attorney who handles these types of cases in which a registrant is successfully removed from the registry. I would then have a free consultation with him to see if your guy is eligible and the procedure involved. Make sure you get an attorney who has experience in these cases.

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Thanks so much will do