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OH: Sex-Offender Registration Termination Not Available for Pre-2008 Offenses

The Ohio Supreme Court today ruled that a statutory procedure allowing sex offenders to terminate reporting requirements available to Adam Walsh Act (AWA) offenders who committed certain sexual offenses after the state’s 2008 implementation of the AWA is not available to Megan’s Law sex offenders who committed crimes prior to the 2008 implementation date. Full Article

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It’s amazing how all these new laws are retroactive for us except when it’s in our favor to be retroactive. The punishment just never ends.

If AWA cannot be applied retroactively in Ohio then how was Megan’s Law applied to him retroactively?

Because the prevalence of legal precedent grounded purely in emotion and knee-jerk reactions, rather than analytical study and data, has corrupted the judicial branch of government beyond all recognition. There is no longer any pretense. The legal classification of the registry as not punishment is so much in contrast with the reality, that it is mostly punishment, that all rulings continuing to promote that lie are a vicious attack on registered citizens. The human judges that are perpetuating this open-air gulag have no interest in a balanced ruling, nor in rehabilitation. They have forgotten their duty, forgotten people’s capacity for… Read more »

Well , let’s see.
Since we’re going by existing “provisions” at time of sentence. We wouldn’t have to go through this communist treatment; third world treatment.
Get some of that ohio. Idiots.

This really doesn’t add up. If I read this correctly, this article states that he can’t use the AWA “termination” clause because he is under Megan’s Law. Then why hasn’t he been reclassified back to his Megan’s Law classification? Based on Bodyke and Williams’ cases, he should be reverted back to his original classification under Megan’s Law. Is there something in those cases that it doesn’t apply to those who move to Ohio from another state? He was convicted in 1997, so based on Megan’s Law (pre AWA), a tier one in Ohio is supposed to be off after 10… Read more »

How can registration qualification be applied retroactively, but DISqualification from the registry not?

This is a real Catch-22 for registered citizens! It is illogical, inhumane and unjust to apply the punishment retroactively but not the relief for that punishment!

I’ve lurked around here for awhile, and I’m just going to use this–my second comment ever submitted–to express my serious, heartbreaking intention to leave this country at the earliest opportunity that makes sense for me and my wife. I gather that many of you are in my general demographic. I’m in my mid-40s. Can any of you who are 42-43+ imagine how ridiculous and impossible it would have sounded to our Cold-War-raised selves that one day in the near future (Wait, I forgot: 2016 is the DISTANT future to us in the 80s, who totally believe that American society can… Read more »

Anon I’ve been expressing those sentiments on here for months now, and I’ve even gone so far as to have retained counsel in my new country. I am more than 100% committed to leaving and staying gone. Even if the Government wasn’t attempting to punish Registered Citizens for life, I still would have left, because the people of the United States suck quite frankly. I am beyond done with the smugness and the attitude that really somehow white American people are superior to everyone else. And I am white American! I actually wince every time I read on here that… Read more »

PK I have a lawyer in Mexico, but he seems clueless. Is there anyway to share with me the strategies that have been successful for you? Are you a member of RTAG? We could communicate there. I certainly hope to leave.

Mike, I am a member of RTAG I believe. I wasn’t aware that they have finished their website as there is no link to it here. If you want to send a message to the Moderator we could exchange emails.

Thanks! Just let me know if that works.

I would appreciate any information on moving to a Schengen country I also ready DONE!

Good luck, certainly! I want to add a cautious bit of nuance to the discussion, however, and that concerns the Schengen (pron: “SHEWN-gun”, a freedom-of-movement treaty signed in the town of that name in Belgium) countries. I’ve spent a lot of time, over the last forty years, in Europe and, while it is definitely less hysterical than the States, it is not entirely without its hysteria about sex offenders. That hysteria is certainly greater now than ever before and even The Netherlands, which is sort of the poster-child of sexual liberality and open-mindedness, has come under the sway of very… Read more »

I received my German citizenship this year, and I was born here. There are many avenues to citizenship, especially for those with European ancestors. I will be at the next LA meeting if anyone wants to talk about this, unless it’s in August, I will be in Germany celebrating my conquest! I also plan to retire there, as a friend of mine already has done in England. Yes, he was a registrant here, but also has EU and US citizenship.

No, there aren’t many roads to citizenship in Europe, or in Germany, for Americans with sex offenses.

If you have found one of the very few that exist, then congratulations but let’s not mislead people. And ancestors? Try, “Your mother and/or your father were European.”

Rob-My grandfather left Germany and i still have family there PLEASE share more details I am with you I want out is there another way we can communicate out of this form

Unforgiven –
Feel free to give your email to the moderator, I will happily send you details. I not only got my citizenship in March, but now also have a German/EU passport and will use it for travel all over the world, as a proud German, NOT American.

For anyone with known Italian ancestry, you may want to look into what is called “jure sanguinis” If you qualify under this Italian law, I believe you are entitled to automatic Italian citizenship. Unfortunately, I didn’t quite qualify, but hopefully some of you may qualify. Here is a site that walks you through the scenarios for qualification:

http://www.myitaliancitizenship.com/index.php?content=qualification.html

When the retroactive application of the AWA was struck down by the Ohio Supreme Court, I called the State of Ohio sex offender registration office and they told me that Ohio was still going to apply the AWA standards to any out of state registrant regardless of day of conviction. I would have been classified as “Tier 1” offender under the old system. Is the implication now that someone like me COULD be removed from the Ohio registry as this plaintiff lost not because he wa subject to the AWA, but because he had an enhanced classification?

i’m in fl. and my understanding if i move to ohio and when 25 years are up after convection 2009 i would be no longer required to register. my plan is move to Ohio and get off the hit list and move on with my life, say i move to ca. or nv. i don’t know if i would be required to register since i would be moving from a state where i’m ot registered. i can see this opening up a new can or worms in the near future unless Ohio changes there laws for the worse but i… Read more »

Someone on this board mentioned that once you register an address in Florida, even if you’re just visiting, you’ll remain on the Florida registry for life. Now I still have a little problem believing that because houses change owners and the new owner wouldn’t want a sex offender attached to their address. If a name was never removed, hotels like Disney World Hilton would show 100s RSOs from past visits staying there…but I digress. Back to your comment, if it’s true that your name will remain indefinitely on the Florida registry, then your name will pop up on the national… Read more »

I was convicted in 2000, so I am not subject to the crazy residency restriction laws in Florida. Prior to the Jessica Lunsford incident, the 1000 foot rule only applied to offender registrants who were convicted after 1997. More importantly, the restriction was a statutorily mandated special condition of probation/parole. As such it would be considered PUNISHMENT in any court in Florida and not “administrative”. So exp post facto applies unless you violated your probation after he law passed and your were effectively resentenced.

Unfortunately, the answer to your question is yes, you would have to register. I am in OH and and am off the hit list. I was looking to VISIT CA (not move) and was told that I would have to register if I did. Then on top of that there is the whole 1 night/5day debacle that no one understands. Every other state that I’ve contacted about VISITING (not moving) has basically said if I stayed over their magical day limit, that I would have to go in. So, it doesn’t look like states care anything what the other states’… Read more »

in fl. i was told that if i accepted a 3 year probation and 5 years on the hit list or go to trial and if i lose i face 25 years in prison; guilty or innocent what would you do. now with that out of the way, florida now says that after 25 years of being on the hit list i can request a hearing i front of a judge to see if that 1 person will say i no longer must register. according to ohio i would be a level 2 and after 25 years i’m done and… Read more »

AS Janice said This is a real Catch-22 for registered citizens! It is illogical, inhumane and unjust to apply the punishment retroactively but not the relief for that punishment! While I admire and understand why many would want to leave this country the options for many are not there. Many years ago I lived in another country, liked it but did not love it, the chances of going back are probably slim to none, Yes America has become a cesspool but it is my only option for now. I just wished we could see more progress with the changes we… Read more »

Moderator please forward my email to (Rob on)
Feel free to give your email to the moderator, I will happily send you details. I not only got my citizenship in March, but now also have a German/EU passport and will use it for travel all over the world, as a proud German, NOT American.

My question arises out the previous dissimilar treatment that people with out of state convictions received after the Ohio Suprmee Court said that the 2008 AWA could not be retroactively applied to change people’s classification if they had been convicted and/ or released before 2008. The folks in Ohio told me two years ago that this only applies to people covictedin Ohio and that out of staters fall under the AWA no matter when they were convicted. What we see in this new case is that does not appear to be true. I am not sure how the plaintiff got… Read more »

I am a resident of Ohio. I was sentenced in 2001 (under Meghan’s Law) for Kidnapping – “to engage in sexual activity”. During my sentencing hearing, my Judge did not inform me of my duties or the duration of my duties. The Court did not hold a classification hearing either. I was sentenced accordingly to my plea agreement, 7 years imprisonment and 5 years of Post Release Control. When I was released from prison in 2008 my P.R.C. Officer informed me that I have to register as a sex offender and if I did not he would send me back… Read more »

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