Kenneth Petty is suing the State of New York and its Criminal Justice Services division to have his name removed from the sex offender registry, claiming he never was offered an opportunity to challenge it.
Petty never received notice of a hearing in October 2004 while he was incarcerated for attempted rape.
The hearing would have allowed him to contest his level 2 sex offender status.
The notice was sent to an address where he didn’t live because he was in prison at the time.
He also alleges the “Kenny Petty” signature on the paperwork was forged and that the person who signed it said he would not be attending the hearing.
Petty never got his constitutional right to due process to challenge the risk level assigned to him.
Petty suffered financial loss and humiliation, including his arrest last year for failing to register as a sex offender in California. He wants his name removed from New York sex offender list.