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AZ: Ducey signs bill ending some sex offender registration

PHOENIX – Arizona Gov. Doug Ducey has signed legislation allowing some offenders convicted of sexual conduct with a minor to ask a judge to end their need to register as a sex offender. Ducey signed House Bill 2539 by Republican Rep. Rusty Bowers on Tuesday.

The legislation only applies to people convicted for an offense committed when they were 21 or younger, where the victim was between 15 and 17 years old and the sex was consensual. Full Article

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It’s a good start. At least it “may” give some a chance to get off the registry.

So it only applies to those not sentenced to prison? I have a question: Why is there often an exception for those who went to prison vs. those sentenced to probation (which may come with a period of incarceration of up to 1 year)? In addition to this Arizona law, California has Penal Code § 1203.4 — which ONLY apples to those not sentenced to state prison. As someone who had committed a first-time, non-contact, non-violent offense and was sentenced to 2 years state prison, I feel I should also one day be eligible for relief via-1203.4. I will *NOT* repeat my dumb mistake, so why can’t I get relief as well? Is it the mere fact *one* judge found me unworthy of a second chance?

Well, the judge did find me worthy of a second chance by giving me probation and then the legislature made the wholesale decision that judges like him were wrong and excluded certain offenses from expungement. We are living in extremely cynical times, when judges aren’t trusted to make correct decisions and prison is no longer viewed as a path towards rehabilitation.

Would love your thoughts, please comment.x