Sex offender may file to take name off registry

The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he
filed his petition in the wrong court.

In Glenn E. Brogan v. State of Indiana, No. 57A04-0910-CR-592, Glenn Brogan appealed the
denial of his motion by Noble Superior Court to remove his name from the state’s sex offender registry. Brogan was convicted
in late 1994 of two counts of child molestation in the county. At the time of his conviction, he wasn’t required to
register as a sex offender. When he filed his motion in 2009 in Noble County to remove his name, he was incarcerated in the
New Castle Correctional Facility for failing to register in Huntington County in 2008.

The Noble Superior Court denied his motion because it ruled it didn’t have authority or jurisdiction to remove his
name.

The appellate court had to navigate the law following the Indiana Supreme Court’s ruling in Wallace v. State,
905 N.E.2d 371 (Ind. 2009), and recently enacted legislation entailing how a registered sex offender may remove his or her
name from the registry to determine in what forum Brogan should seek relief under Wallace.

The COA judges determined Brogan appropriately presented his request to be removed from the sex offender registry in his
motion. Under a recent provision to Indiana Code Section 11-8-8-22, a sex offender can petition to have his name removed from
the registry and the provision was made applicable in 2007 if there has been a change in federal or state law after June 30,
2007. The judges deemed Wallace such a change in law; they also noted the 2010 amendment to the statute authorizing
an offender to raise an ex post facto claim.

The appellate court agreed that Noble Superior Court wasn’t the proper forum for granting Brogan relief. Under the
2010 legislation, the General Assembly dictated that the petition should be filed where the offender lives, spends the most
time, works, or attends school. Only if none of those apply should the petition be filed in the county where the offender
was originally convicted. Brogan should file in the county in which he resides.

“One thing is patently clear from the Wallace decision. Brogan is entitled to have his name removed from any
sex offender registry which has resulted from his 1994 convictions in Noble County,” wrote Senior Judge Patrick Sullivan.

Judge Michael Barnes agreed with his colleagues in a separate opinion that Brogan needs to refile his petition in a different
county.

“That determination, however, should be made by the trial court if Brogan refiles his motion pursuant to Indiana Code
Section 11-8-8-22,” wrote Judge Barnes. “I think it is premature at this time to hold that Brogan is entitled
to have his name removed from the sex offender registry.”