Harrell v. State (Majority)Annotate this Case
In 1992, Appellant was convicted of indecency with a child and placed on ten years probation. After he relocated to Arkansas in 2007, Appellant was required to register as a sex offender. Appellant complied with this requirement and was assessed as a Level 1 sex offender. In 2011, Appellant filed an application with the circuit court to terminate his obligation to register as a sex offender pursuant to Ark. Code Ann. 12-12-919. The circuit court denied Appellant's application as premature. The Supreme Court reversed and remanded, holding (1) a probationer may apply to terminate his or her obligation to register as a sex offender fifteen years after being placed on probation; and (2) further, that probationer is entitled to relief upon a showing by a preponderance of the evidence that he or she has not been adjudicated of a sex offense during that fifteen-year-time period and he or she is not likely to pose a threat to the safety of others.