Families of SOs Community Group
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You say your current state will remove you from its registry at some point and if so good for you but like others have said if you move you will trigger a federal SORNA requirement to register. The way the federal laws are written the length of registration is the length of registration in the state of conviction or the SORNA term of registration whichever is longer just as ThoughtAsWeak mentioned. The only reason there are federal SORNA terms is to set a minimum standard and to cover offenders that were convicted in federal court but not in the jurisdiction of a state. (i.e. military members and U.S. territories). Furthermore most states have a clause in their registration laws that says if an offender is required to register in the state of conviction then they are required to register in the new state as well.
You can go on thinking we're all idiots it's your life but keep in mind we'll still be out enjoying things like sunshine and fresh air while you're spending your days in a federal prison on a failure to register charge all because you were too arrogant to pay attention.
If you are removed in your state (State A) and move to a different state (State B) - exactly WHAT triggers the federal registration requirement? You are not currently registering. Is it the fact that you were, at some point, convicted of a registerable offense? Is this also true if the registration length for your crime is the same in State A as State B? Or by the time you move to State B the registration period would have expired in State B as well?
What if your conviction in State A was expunged / dismissed? You are not actively registering, you have technically not been convicted of a registerable offense. Does this still trigger the federal requirement?
Dixon, if you're expunged then you should be good.
Scenario - An offender is convicted in a jurisdiction that says the offender is so dangerous he needs to be registered for life but he moves to another jurisdiction where he only needs to register for 15 years. After 15 years he no longer needs to register in that jurisdiction so he moves to yet another jurisdiction where no one knows him not registering at all. SORNA was written to prevent this exact scenario because "it allows dangerous offenders to be loose in the community without anyone knowing where they are." The solution to prevent it is to go with the prescribed length of registration in the jurisdiction of conviction or the minimum mandated by SORNA, whichever is longer and this is exactly what SORNA does.
At some point you say you will not have to register where you are but if you move to another state then SORNA kicks in because you engaged in interstate commerce and Florida says you are so dangerous you are required to register for life. Lifetime registration meets or exceeds the SORNA minimums so for the purposes of SORNA that becomes the length of registration. You are correct in that one state cannot be forced to follow Florida law but they aren't being forced to do anything by Florida. You are the one being forced to follow a federal law that says you are required to notify any jurisdiction in which you reside, work or attend school that Florida sentenced you to lifetime registration.
SORNA FAQs
11. What is the federal penalty for failure to register?
Under 18 U.S.C. §2250, the federal failure-to-register offense, a federal criminal penalty of up to 10 years of imprisonment exists for sex offenders required to register under SORNA who knowingly fail to register or update a registration as required where circumstances supporting federal jurisdiction exist, such as interstate or international travel or travel on or off an Indian reservation by a sex offender, or conviction of a federal sex offense for which registration is required.
I get that, WHILE currently required to register the registration period is the one from the former or current / future state state, whichever is longer. In aladdin's scenario moving to the first new state will NOT result in removal from the registry after 15 years because the lifetime requirement from the original state will carry over. Therefore moving to the third or any subsequent state will have no bearing on the lifetime requirement since at no time the person will NOT be required to register.
According to SORNA FAQ #11 => A federal criminal penalty exists for *sex offenders* required (current tense!) to register under SORNA who knowingly fails to register where federal jurisdiction exists... but when one is removed in a state one is no longer a *sex offender* and not required (current tense) to register. The FAQ item reads that only currently registered offenders OR those convicted of a qualifying FEDERAL offense are made subject to the federal criminal penalty under SORNA upon engaging in interstate travel.
Specific question (I know you are not lawyers but what is your opinion, please)
In California - lifetime requirement - the only way off the registry other than death or moving out of state is a governor's pardon (for all) or a Certificate of Rehabilitation (COR - for a very few low-level offenses). The first step in both is a dismissal / expungement of the conviction. So someone who is able to get a COR is neither a registered sex offender nor technically convicted of an offense (federal or state) for which registration is required. In your opinion could such a person still be subject to SORNA FTR upon moving to a different state and not registering with local authorities?
Thanks in advance.
Rew has posted about this previously, and even states that he spoke to an attorney about their interpretation about this, the lawyers even say "if you have been removed, don't move, as you could be required to register in the new state, and failure to do so, will result in a FTR charge."
What Rew so aptly described is a different situation entirely. In this situation the record of conviction still exists and SORNA always looks to the jurisdiction of conviction for determining if registration is still required.