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How to Find a State Where You Don't Have to Register as a Sex Offender

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  • 12-28-2017, 11:18 AM
    bluefold
    How to Find a State Where You Don't Have to Register as a Sex Offender
    Hi there. First, a quick rundown. I fought against a "possession of child pornography" case in MO for around two years before taking a plea bargain. I was given an SIS and completed the probationary period successfully, resulting in the charges being dropped. However, under Missouri law, taking a plea bargain (regardless of final outcome), results in a lifetime registration with no hope of ever petitioning for removal. So, despite thankfully not having a criminal record, I will always have to register which has resulted in countless rejected jobs and homes for the past 9 years. I've exhausted most all of my options within my state and am at wits end and am desperate to get some control over my life back.

    So, at this point, I'm fed up with the stress and anxiety and am looking to move to a different state. My understanding is that, if you move to a state where your case would not have resulted in registration, that you would not have to register there (and if you move to a state that DOES require it, you'd have to register again). Are there states where I could move where this would be the case for me? If so, what are they? I can't seem to find any information on this after nearly a month of endless searching.

    I can't even put into words how much I would appreciate any and all help.

    Thanks
  • 12-28-2017, 11:45 AM
    LegalWriter
    Re: in Finding a State Where Registering Would No Longer Be Required
    Sorry but the Adam Walsh Act and SORNA require registration in all 50 states and US territories for possession of child porn for at least 25 years. State law could impose registration for a period greater than that.
  • 12-28-2017, 12:27 PM
    bluefold
    Re: in Finding a State Where Registering Would No Longer Be Required
    Quote:

    Quoting LegalWriter
    View Post
    Sorry but the Adam Walsh Act and SORNA require registration in all 50 states and US territories for possession of child porn for at least 25 years. State law could impose registration for a period greater than that.

    Well that's disappointing :/ Thanks for the answer, guess I'll just keep hammering away with calling my state reps every month about fixing their archaic registration laws.
  • 12-28-2017, 12:57 PM
    PayrolGuy
    Re: in Finding a State Where Registering Would No Longer Be Required
    Not archaic at all and you can bet that no representative is going to want to look like they are pro sex offender.
  • 12-28-2017, 02:52 PM
    bluefold
    Re: in Finding a State Where Registering Would No Longer Be Required
    I'd argue that its very archaic. It's a system that is in a severe need of being reworked and improved. Even the Tier system that many other states have implemented is an improvement over MO's current system. Lumping together those without convictions and minor offenses such as indecent exposure, public urination, or drug charges with serial rapists and child molesters helps no one and has proven time and again to raise recidivism rates in those who would be deemed low-risk. Hell, a murderer has more freedom after getting of parole than someone on the registry for public urination. Many states have proven records that their systems work better, but MO chooses to lag behind.

    And I could care less what they do or don't want to look like. I will continue calling them every month until the day I die or until something changes. Not just for myself, but also for the people who I've met and talked to in similar situations. It isn't about being pro or anti sex offender, its about fixing a disproportionate justice system.
  • 12-28-2017, 02:55 PM
    PayrolGuy
    Re: in Finding a State Where Registering Would No Longer Be Required
    I'm pretty sure that they will be willing to lose your vote over the thousands they would lose if they pushed for anything that even looked like being pro sex offender.
  • 12-28-2017, 03:03 PM
    flyingron
    Re: in Finding a State Where Registering Would No Longer Be Required
    First off, it's not SORNA -and- the Adam Walsh act. SORNA is part of the Walsh act. But yes, there's case law that Missouri's requirement for you not to be required to register is preempted by SORNA at the federal level. Furhter, it is the federal law that considers your conviction with SIS, to be a conviction, even if Missouri doesn't see it that way.
  • 12-28-2017, 10:55 PM
    LegalWriter
    Re: in Finding a State Where Registering Would No Longer Be Required
    The Adam Walsh Act, renumbered to 34 USC 20911 et.seq. requires registration for sex offenders. It classifies possession of child porn as a sex offense (34 USC 20911 (7). I do need to correct the length of registration. Unless distribution was involved, it's a 15 year registration requirement in ALL states. 25 years is for tier 2 offenders. (34 USC 20915 (a)). If the poster has a clean record for 10 years after the qualifying conviction, he can petition for relief (34 USC 20915(b)(2)(A).
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