NY SORA Downward Departure Update: Filing This Week
My attorney intends to file my application for a downward departure this week. After going through everything, he believes there are several strong arguments worth presenting to the court.
The application will address the amount of time I've been on the registry (over two decades), where I am in life today, my recovery and rehabilitation efforts, community references, and other evidence showing how much has changed since my original conviction.
My recovery efforts are going to be a significant part of this. I've spent a considerable amount of time working on myself, taking responsibility for my past, and trying to give back to my community. A lot of that has been through NA and AA, which eventually lead to me working as a peer advocate and trying to help others who are going through their own struggles. I've put a considerable amount of time into becoming a different person than I was decades ago, and I want the court to be able to consider that when looking at who I am today.
There is also a very significant practical consequence if the departure is granted. Because I'm currently classified as a Level 2, I'm subject to lifetime registration. If I were moved to Level 1, the registration period would be 20 years, and I've already been registered for longer than that. So a successful downward departure would potentially mean that I would no longer have an ongoing registration obligation rather than simply moving from one level of supervision to another.
My attorney also told me that he's seen several cases in the last few years with circumstances similar to mine where the Board of Examiners recommended or approved a lower classification, and the courts ultimately followed those recommendations. Obviously, every case is different and there is no guarantee mine will go the same way, but hearing that there is a recent track record of cases where the process has worked is encouraging.
At this point, I'm cautiously optimistic. Nothing is guaranteed, but I feel like there are legitimate arguments here. More importantly, I'm hoping the court gets the opportunity to look at the entire picture, including more than two decades on the registry, the person I am today, and the work I've put into changing my life and giving back to my community.