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trkmstrwggy 01/14/2015

Greetings everyone,

I have a question about moving after my registration is up. I currently live in Ohio, as well as a RSO. I'm pre AWA. Been on registry for 7 years and I'm done in July of 2017. As of right now, I do believe I just fall off the registry after the 10 years is up (I'll have to ask next time I go register, which is in May). I've read all about the moving discussions and whatnot about what states to stay away from. My question is, even after I've successfully completed registration in Ohio, I was under the impression that if and when I move, I'd have to follow the states guidelines for registration for the state I was moving to. Wouldn't that be kinda like double jeopardy? I figure, that once I'm done and out of the system, I would be done for good. It kinda doesn't seem fair to me, ya know? I do get that if you were still on probation and on the registry, yeah those states could impose their registration laws on you, yeah. But even after you're done? Oh, and the state I'm considering is Colorado. Anyone know how the leniency is there? If there is one?

Any feedback would be greatly appreciated,

Thanks

Jerm

honestwitness 01/14/2015

I have a son in prison in Colorado. You should know that any felony sex offence in Colorado has a mandatory maximum of life. My son's sentence is four years to life. He know other guys with similar sentences who are still inside, many years past the short end of their sentences. Also, even if my son can get out on parole, his parole is also for life.

trkmstrwggy 01/14/2015

So, if I were to move to Colorado, I will automatically be sent to prison for life? My conviction was in Ohio.

trkmstrwggy 01/14/2015

And also, sorry to hear that and sorry for the double post.

rewdiazepam 01/14/2015

If I were you and was ever removed from Ohio's sex offender registry, I would stay put there in Ohio.

I was removed from the registry last summer because of the Starkey decision in Oklahoma and trust me, I am going nowhere.

I have spoken to two attorneys---one being the appellate attorney that won the Starkey case in Oklahoma---and both have told me the same thing------------------

"""If you have been convicted of a listed sex offense and move to another state, you have traveled in interstate commerce and thus you have made yourself subject to a Federal requirement to register."""

It is not considered double jeopardy because the AWA/SORNA or registration is considered as a civil regulatory scheme to protect the public. Double jeopardy does not apply in civil cases.

Double jeopardy applies to criminal cases only, not civil or administrative proceedings

rewdiazepam

Luluchan 01/14/2015

My husband committed a misdemeanor in Colorado 20 years ago and would be off the registry there but the state we are in now requires him to register for life regardless. Each state looks at the offense by their laws and usually not the laws of the state the crime was committed in.

trkmstrwggy 01/14/2015

Thank you Rew. Although I am disappointed with the current laws, I will have to do more research and definitely ask the Sheriff's department on their view.

Also, there's hardly any information out there about how you go about living life after registry. On the, what you can do and what you cannot do. That sort of thing. Unless when I'm searching, I'm wording it wrong.

Any additional information would be awesome.

Thanks,

Jerm

rewdiazepam 01/14/2015

Once you are removed from the sex offender registry, you can do just about anything that a regular person can do.

No more residency restrictions, no more buffer zones, no more not being able to enter parks or playgrounds, no more marks on drivers license, no more having to report every 90 days---or whatever your frequency was. There may be more but that is all I can thing of right off.

All these laws usually applied to those on the registry, but in a few states they applied to anyone ever convicted of a sex crime whether they were still on the registry or not.

You can go just about anywhere you want and do what you want as you will no longer be under the rules of the registry.

Of course, in most states you cannot be in possession of a firearm, but that is true of most felonies and is not confined to just sex offenders.

Is there something that you want to be able to do that you are wondering about?

rewdiazepam

trkmstrwggy 01/14/2015

Nah, just the concern about re registering again if I move. Also, I read that in Colorado, the whole background check thing is pretty lenient there, dunno if that applies to out of state background checks tho. Like, if the salary for a job is less 75k a year, they can only go back 7 years. Dunno how true that is, just read it on one of the states websites. But I found that pretty cool.

Jerm

HeartStar 01/14/2015

Anyone know how Oregon laws are, as my son is hoping to be released to his father in next year. He just moved to a very, very small town on the Oregon coast. I am wondering about the Oregon laws, for in Arizona where he was sentenced with a mandatory "double" lifetime probation, having to wear a GPS, and go to SO classes. If he were able to be released to Oregon would he still have the lifetime probation and registry in place? Thank You, Rew for sharing your knowledge. And thank you, Jerm and many blessings to you when you are free of the registry.

trkmstrwggy 01/14/2015

Thank you.

Nakohichi 01/14/2015

Heart.. that's a good question. I know for my son, he was released to PA from Floriduh. I moved up here about a year before he was released and so he had a home, a job and family. If he had to stay in Floriduh, even for 3 days after release , he would have to register for life.
He had a counselor while he was in prison who helped him file before release that his residence was in PA not FL. It could have gone a different way. There's always an 'if' or a 'but'.
I met him at the door of the prison and we immediately drove to PA where he registered for the first time. If he could do it, I don't know why your son wouldn't be able to.
Here in PA he has 15 year on the registry., but then he's only tier 1. If your son is tier 3 it might not make any difference in registry. The receiving state will assess to see where your son will be in tier, if they have accepted AWA laws.

rewdiazepam 01/14/2015

Heartstar,

Here is what I could find out about Oregon-----------

He will have to register within 10 days after his release from prison..

Registration is for life; may petition for waiver after 10 years if he has been convicted of one C Felony or less

May not reside near locations where children are primary occupants or users while on supervision. Those just on the registry can live anywhere with no restrictions.

Must register once a year unless designated an SVP registrant, who has to register every 90 days.

http://tinyurl.com/lxgpy6y

http://tinyurl.com/lkf4tyx

rewdiazepam

trkmstrwggy 01/14/2015

Well balls. Colorado is a lifetime registration state. Just called them and they confirmed it. I guess I'm staying put in Ohio. Least I can move freely within Ohio after 2017. Thanks Rew.

Jerm

EchoMoon 01/14/2015

curiosity question... i'm confused.

if when you come out of court or prison and register in you live in, a state with a 15 to 20yr registration for SO's and come off of that list/registry? if you move to a new state with a state registry of 10yrs, does that still mean that you will have to re-register in that new state for another 10yrs simply for them?

i can understand going from a state with a 20yr or lifetime registration and then to a state with only 10 or 15yr law that it's not going to help as the new state will abide by the old states rules/laws.

is it the state that you originally register in, hold more clout over your registry no matter where you move too???

trkmstrwggy 01/19/2015

Here's a good read.

http://eadvocate-community.blogspot.com/search?q=Moving

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