(a) An offender may request his or her name be removed from the Adult and Long-term Care Facility Resident Maltreatment Central Registry when:

1. (1) The individual has not had a subsequent true report for one (1) year;
2. (2) More than one (1) year has passed since the offender’s name was placed on the registry; and
3. (3) More than one (1) year has passed from the completion of any court-imposed sentence.

(b) However, the offender may not request removal from the registry if any of the following apply:

1. (1) The offender was placed into the registry for any type of maltreatment that resulted in a fatality as a direct result of the offender’s act or omission;

2. (2) The offender:

   1. (A) Is still involved in an open criminal court case based on the same underlying facts for which he or she was placed onto the registry; or
   2. (B) Has not completed the terms and the conditions of any sentence arising from the conviction based on the same underlying facts for which he or she was placed onto the registry;

3. (3) The offender was placed onto the registry for any of the maltreatment types or type involving any of the injury characteristics or details listed below:

   1. (A) Abuse with deadly weapon;
   2. (B) Bone fractures;
   3. (C) Brain damage/skull fracture;
   4. (D) Burns/scalding;
   5. (E) Human trafficking;
   6. (F) Immersion;
   7. (G) Interfering with a person’s breathing;
   8. (H) Internal injuries;
   9. (I) Malnutrition;
   10. (J) Oral sex;
   11. (K) Poison/noxious substances;
   12. (L) Restraint of the liberty of another involving threats or violence;
   13. (M) Sexual exploitation;
   14. (N) Sexual penetration;
   15. (O) Sexual violence;
   16. (P) Subdural hematoma; or
   17. (Q) Suffocation; or
4. (4) The offender is convicted of a criminal offense for an act or omission listed in subdivision (b)(3) of this section that constitutes adult maltreatment and for which the offender is named in the registry regardless of any subsequent expungement of the offense from the offender’s criminal record, so long as the offender’s conviction has not been reversed or vacated.