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  1. #1
    Join Date
    Aug 2015
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    Default Must Sex Offenders Register After Moving if Conviction State No Longer Requires It

    My question involves criminal law for the state of: North Carolina

    I have been a registered sex offender in Maine for 18 years. i just got a letter from Maine saying my length of duty was unconstitutional. and have been removed. the thing is i moved to north Carolina. they say i have to stay on hear for life. But the law says M.S 14-208.6c The period of registration required by any of the provision of the article shall be discontinued only if the offense requiring registration is reversed,vacated, or set aside. Now my conviction that made me reg in NC has been reversed,vacated, or set aside. So how can the say i must stay on the reg???

  2. #2
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    Apr 2009
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    Default Re: Help

    Your CONVICTION was overturned/vacated? Or the SENTENCE?

  3. #3
    Join Date
    Mar 2013
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    Default Re: Help

    I don't see that removal from the sex offender list is a reversal, vacation or setting aside of the offense. You were still convicted of the offense.

    As for lifetime on a sex offender list being unconstitutional a quick internet search reveals that there have been rulings to that effect only in several states:

    https://duckduckgo.com/?q=life+time+...constitutional

    Unless NC declares it unconstitutional or the US Supreme Court declares it unconstitutional I think you are stuck on the list for life in NC if you remain in NC.

  4. #4
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    Aug 2015
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    Default Re: Help

    but Nc law says The period of registration required by any of the provision of the article shall be discontinued only if the "offense requiring registration" is reversed. So offense requiring registration in Nc has changed.

  5. #5
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    Default Re: Help

    From what you have told us, the only change was to your registration requirements under Maine law, and you remain convicted. You need to be very careful here -- as you do not understand what happened, I suggest investigating to verify exactly what the ruling means before assuming that you don't need to register, lest you find yourself facing felony charges.

  6. #6
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    Default Re: Help

    Quote Quoting Yaaagh
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    but Nc law says The period of registration required by any of the provision of the article shall be discontinued only if the "offense requiring registration" is reversed. So offense requiring registration in Nc has changed.
    Was the conviction overturned? Vacated? "Reversed"?

    It hasn't, has it?

  7. #7
    Join Date
    Aug 2015
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    Default Re: Help

    it has been Reversed

  8. #8
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    Default Re: Help

    Quote Quoting Yaaagh
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    it has been Reversed
    So you are saying that you no longer have a conviction on your record?

    I don't think that's actually the truth, and I really don't think you're understanding this at all. I think that your conviction stands, and the PENALTY has been changed. These are NOT the same things.

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