State registration requirements for sex offenders

This new law changes everything for "sex offender registration" in California (SB 384)

Registration may be terminated upon petition to the superior court in the county of registration at the expiration of the minimum period. See SB Until January 1, , a certificate of rehabilitation relieves duty to register for certain less serious sex offenses. COR available only for CA convictions. For more serious offenses, duty to register relieved only by [state] pardon. Effective January 1, , people in Tiers 2 and 3 of the new sex offender structure may seek relief from the superior court where they are registered, after a minimum period of registration. See column 1. Sealing of juvenile records under Cal.

Sex Offender Registration

Sealing available 5 years after termination of juvenile court jurisdiction or upon turning See column 1 for changes effective in Certificate of rehabilitation: Must not have been subsequently incarcerated. Must not be on probation for a felony. Must "conform to and obey the laws of the land. Removal from website: No conviction for certain listed offenses.

Certificate of rehabilitation: "The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land. Must reside in California for 5 years prior to application.

Must not be in custody, on parole, or probation. CO Life. Collateral relief order not available for sex offenders. See, e. Pardon may relieve registration requirement but no authority directly on point. Misdemeanor offenders under No prior sex offense charges, no prior unlawful sexual behavior charges. Juvenile offenders: Court considers "whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior.


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Court must determine by totality of circumstances that registration would be unfairly punitive and that exempting the person would not pose a significant risk to the community. Full pardon "erases" conviction and person "deemed to have never been arrested," though no authority directly on point. No other provision for early termination. Unconditional pardon relieves registration obligations. Heath v. State, A. Sex offenses not eligible for misdemeanor first offender expungement. Tier I offenders: Must be free of any non-vehicle conviction for 10 years. Must complete treatment program.

No early termination available except through presidential pardon. FL Life. May petition for relief 25 years after release for less serious offenses.

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Full pardon relieves all registration obligations. Certain youthful offenders not more than 4 years older than victim who was 13 or older but less than 18 may petition for relief immediately. Court must be "satisfied that the offender is not a current or potential threat to public safety. Youthful offenders: Termination must not conflict with federal law. GA Life. Certain less violent offenses: May petition court for relief from registration, residency and employment restrictions 10 years after completion of sentence.

Such offenders with level I risk assessment may petition for relief at any time. Non-sexual kidnapping of minor: May petition for relief immediately. Physically incapacitated registrants, those in a nursing home or permanently disabled may petition for relief immediately. Discharge following first offender deferred adjudication provides relief from registration obligations.

Pardon provides relief from registration. Sex offenders must wait 10 years before applying, and a separate application form is required. Pardon: "Must have lived a law-abiding life during the 10 years prior to applying. All fines and restitution must be paid. Certain less violent offenses: Court must find "by a preponderance of the evidence that the individual does not pose a substantial risk of perpetrating any future dangerous sexual offense. For specific disqualifying offense characteristics, see O.

Non-sexual kidnapping of minor: Same "preponderance" standard as above. Same "preponderance" standard as above. Pardon: Considerations include results of mandatory polygraph and psychosexual evaluation. HI Life. Pardon for violent and sex crimes available 5 years after completion of sentence. IDAPA Not clear what effect on registration. Full relief: No other conviction for offense requiring registration.


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No pending criminal charges. See also State v. Kimball, P. Must have completed sentence and treatment program. No specific provision for early termination. Sealing or expungement of conviction appears to relieve obligation to register. Pardon may relieve if expungement authorized. Does not apply to juveniles prosecuted as adults.

Juveniles: Registrant poses no risk to the community by a preponderance of the evidence based upon enumerated factors.

Members Resources

Burns Ind. Code Ann.

Fifty State Survey of Adult Sex Offender Registration Requirements

Expungement of adult record does not provide relief. Pardon may relieve but no authority on point. Registration not required for deferred judgment that has been set aside. Juvenile court may waive registration requirement in most instances. Must complete required treatment. Offenders still on conditional release of any kind must additionally obtain stipulation of district DOC director. Expungement relieves public registration obligation only. Juvenile offenders under Court may waive registration requirement for "substantial and compelling reasons.

No provision for early termination of mandatory terms. No provision for reducing year registration requirement for sexual misconduct with a minor.

West Virginia Code

Lifetime juvenile offender: May be reduced to 25 years upon petition after 25 years if "clean record. No subsequent felony convictions. No provision for early termination. However, by policy, pardon will not be granted solely for removal from registry. Registration not required for charge dismissed following completion of deferred disposition under A M. See A M. However, before juvenile court jurisdiction terminates, court may require registration as an adult offender.