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  1. #1
    Join Date
    May 2013
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    Default Family Member of Active Duty Service Member is a Registered Sex Offender

    Our son is an active duty military member. His dad has a SO record that is 25 years old. This prevents him from being allowed on any military bases. There has been no offenses since that time, he has an attorney working on his case to remove him from having to register since the case is old and provided the board with all documents they require to remove him. My son was tol there is a law (not sure if it's military or not) that the State he was in at the time and has required him to register MUST remove him from this requirement as it poses a risk to him and his family.

    Do you know if this is true and where I can locate the information on it so that I can provide it to his attorney to present to the Board? Thank you

  2. #2
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    Sep 2005
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    Default Re: Family Member of Active Duty Service Member is a Registered Sex Offender

    Quote Quoting wingmom
    View Post
    My son was tol[d] there is a law (not sure if it's military or not)....
    Told by whom?
    Quote Quoting wingmom
    ...that the State he was in at the time...
    We're talking about dad? Which state are we talking about?
    Quote Quoting wingmom
    ...and has required him to register MUST remove him from this requirement as it poses a risk to him and his family.
    How does dad's being required to register as a sex offender pose a danger to anybody?
    Quote Quoting wingmom
    Do you know if this is true....
    In terms of sex offender registration and under what circumstances you are required to register or can be removed from the registry, laws vary by state. Is there a state that allows sex offenders to be removed from the registry merely by claiming, "My being required to register is a danger to my family"? I'm not aware of any such state, and I would be very surprised if any state had such a law.
    Quote Quoting wingmom
    and where I can locate the information on it so that I can provide it to his attorney to present to the Board? Thank you
    You locate federal laws in the U.S. Code. You locate state laws in the state code/statutes.

  3. #3
    Join Date
    Sep 2010
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    19,777

    Default Re: Family Member of Active Duty Service Member is a Registered Sex Offender

    I'm having a hard time understanding this whole issue. In addition to what Mr. K says, to my knowledge there's no regulation or law prohibiting sex offenders form entering military bases.
    There is a regulation requiring sex offenders who wish to RESIDE on military bases to disclose this and they can be denied authorization to live in the housing there as a result.

  4. #4
    Join Date
    May 2013
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    2

    Default Re: Family Member of Active Duty Service Member is a Registered Sex Offender

    Mr. K - told by one of his superiors
    Yes, his dad and the state is MA
    In the event he is deployed, this information can be used as leverage to obtain informtion putting the military person and family at risk is what he was told
    MA allows you to file for removal after a certain amount of years depending upon the tier or level of classification and providing certain information and documents which has already been done. The board was not in place when he was sentenced so when my son was told about this I decided to assist the attorney with research in the hopes of helping this matter get resolved more quickly.

    To flyingron - when requesting admittance to a military base, they do a background check and anyone with a criminal and/or arrest record is denied entrance onto the base. As a result he was unable to attend his son's boot camp graduation and visit the base he is now located at. It was put into place after 9/11

  5. #5
    Join Date
    Sep 2010
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    19,777

    Default Re: Family Member of Active Duty Service Member is a Registered Sex Offender

    Wingmom, someone is lying to you. It is not us. People enter military bases with criminal records all the time. I work in the intelligence industry. We're on and off military facilities all the time. Several of my guys have criminal records (albeit not sex offenses) but I can tell you the checks when entering most places are entirely cursory. I've never seen one of them even delayed or inquries made about their record.

  6. #6
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    Default Re: Family Member of Active Duty Service Member is a Registered Sex Offender

    Massachusetts sex offender registration laws are here.
    Quote Quoting MGL Section 178G.
    The duty of a sex offender required to register pursuant to this chapter and to comply with the requirements hereof shall, unless sooner terminated by the board under section 178L, end 20 years after such sex offender has been convicted or adjudicated or has been released from all custody or supervision, whichever last occurs, unless such sex offender was convicted of two or more sex offenses defined as sex offenses pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071, committed on different occasions, has been convicted of a sexually violent offense; has been determined by the sentencing court to be a sexually violent predator, or if such sex offender is otherwise subject to lifetime registration requirements as determined by the board pursuant to section 178D, in which cases the duty to register shall never be terminated. A person required to register with the sex offender registry board may make an application to said board to terminate the obligation upon proof, by clear and convincing evidence, that the person has not committed a sex offense within ten years following conviction, adjudication or release from all custody or supervision, whichever is later, and is not likely to pose a danger to the safety of others. For so long as such sex offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, such sex offender shall not be entitled to relief under the provisions of section 100A or 100B of chapter 276.
    If the registration requirement continues 25+ years after release from supervision, the situation is more complicated than you've suggested. Tell dad to discuss the details of his case with a lawyer in his state, and to discuss his options.

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