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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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  1. Lake County

    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.

  2. Steve

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

    • Anonymous

      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 changing themselves for the better and exist only to exact their despicable wish for vengeance.

      I certainly hope they learn the lessons without requiring decades full of unnecessary suffering and ineffective laws to continue.

      Unfortunately, I’ve lost all hope. Everyday I come home and, when I visit this site I think “God, give me reason to hope.”

      It never comes.

  3. ProvenU Wrong >23yrs

    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.

  4. Redeemed1

    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 years automatically. He should have been long off the list by now.

  5. Agamemnon

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

  6. Janice Bellucci

    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!

  7. Anon

    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 do nothing but get better, and that we’ll all be commuting to work in driverless antigravity machines, but I digress.) we’d live in a society where people would receive the mark of Cain unironically and with the full support of the judiciary.

    I have a master’s degree in political science, and I remember the central theme of the Judiciary class being that we should disregard any layman’s notions of judicial impartiality or any notions of the “transcendent” nature of the judicial system.

    I read an appellate decision from Pennsylvania wherein a judge determined that the 21-day advance notice requirement for international travel “does not interfere with a registrant’s ability to live a normal life as he or she chooses,” and is therefore not punitive.

    Well, guess what, judge. I have aging family overseas, and at some point during my irrevocable lifetime registration requirement, they will die. And perhaps management of the dead loved ones of our honorable judiciary is different from that of the plebian masses who occupy a place on the registry. Or maybe it’s just un-American and therefore not worthy of consideration to have relatives who live overseas and are not fifth-generation members of the local or state-level elite when weighing factors that determine whether something is “punitive” or not. I mean, Dredd Scott was legally sound, right? Of course it was! EVERYBODY knows that black people are property and not people, right? “So, duh, apellees . . . don’t tell ME what’s punitive and what’s not!” Sounds about as meritorious as a judge telling me that what I recognize as patently punitive in both intent and effect is all in my head. Yes, Massa.

    So a family member dies, and I can’t attend the funeral, because the government’s “legitimate” (though, as we all know, bogus) interest in protecting the public through these means we KNOW DO NOT protect the public outweighs my right to freely travel for the purpose of saying a proper goodbye to a loved one. This is the “collateral consequence” our enlightened judiciary justifies.

    I’ve seen video of the Nazi kangaroo courts, and I’ve heard and read the judicial opinions offered during the Nazi period, and while I would not YET go so far as to say we’ve reached that level of disingenuous jurisprudence, I can certainly recognize that the difference is a matter of degree and not of kind.

    I am a veteran. I am a law-abiding American who made a mistake over a decade ago. I have served my time and have no INTEREST in reoffending, let alone a difficulty refraining from doing so. I believed the Cold War narrative about our moral high ground. And as a result I feel thoroughly betrayed by my country.

    It will hurt to leave, but I will absolutely do it. And I will renounce my citizenship in time. I will dedicate what remains of my life to cautioning people about the transient nature of supposedly immutable national ideals.

    I’ve ranted here and I’m sorry for that. I’m just so thoroughly disillusioned and disappointed in what we’ve done with our Cold War victory. It’s as if we, without a credible challenge, no longer have to pretend to be what we never were in the first place. It hurts, because I thought we were better. And it’s not just that we’re not better, it’s that we’re worse for our hypocrisy.

    I’m a person who has no faith in an afterlife, so I have to make decisions that affect the only life I know, and the only life I believe I’ll have.

    Europe–Schengen states–prepare for somebody who will vindicate your respect for human dignity. I’m really, really done here.

    • PK

      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 some how we are going to win through the courts, and we should “band together” and protest. I believe that Janice will continue to fight, and that some registration laws will change, eventually. Do you have 10 years to wait around for your rights to be restored? One person wrote that they would never even consider leaving the “good old USA” no matter what new restrictions are place on him- that attitude makes me sick honestly.

      • Mike

        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.

        • PK

          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.

        • PK

          Thanks! Just let me know if that works.

    • BA

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

    • David Kennerlyu

      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 repressive movements. A Dutch friend of mine has been harassed and targeted for attack and police have shown an unwillingness to investigate crimes against former offenders. France, Belgium and Italy appear to be even worse. Germany is a bit more confusing but still very far from “good.” I once watched a news report while in Munich that showed a child porn entrapment operation which culminated in commando-like police kicking a suspect repeatedly, including in his head. You don’t even see that on t.v. in the States where the police are far more circumspect for the cameras.

      So, for the time being and while Schengen countries appear to be letting foreign Registrants in the door, they are to be congratulated. Still, I am pretty sure that most of us would stand little chance in becoming long-term residents, let alone, citizens.

      • Rob

        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.

        • David Kennerly

          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.”

  8. Unforgiven citizen

    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

    • Rob

      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.

  9. Redeemed1

    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

  10. Joe Mandt

    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 can't wait to die

      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 don’t see that happening. i researched this about 4-6 months ago.

      • Erwin

        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 website along with the private websites like family watchdog, city-data. However, you wouldn’t be found thru your Ohio address since you won’t be required to register there. But if a employer or housing agent so chooses to search your name on the national site, they got you from Florida. That state may end up hunting you for the rest of your life

        • Joe Mandt

          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.

      • Redeemed1

        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’ say, except if the requirements are higher than their’s, in which the new state will make sure that you have the longer obligation.

        With all that said, with you being in FL, you would have nothing to lose moving out of FL, which I’ve heard is the worst place for RSO’s. I honestly don’t know what kind of requirements OH would give you. But if you were able to get the time reduced here (or wherever) then you could stay put. In actuality, OH is not a bad place to live.

        • I can't wait to die

          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 they give me credit for the time i spent on the hit list in Florida. No with that said if you are no longer required to register then i do not see how visiting any state you must register. if you move there according to the wording of state law then you may or may not as some state laws state if you ever been required to register in any state and some state laws say if you are registered. you would no longer be registered. i think the way ohio law is that will be opening up a whole new can of worms for a bunch of states as some may move there for a week, and are no longer required to register then move on to a nicer weather state. PS. i’m org. from PA and will never live in cold weather again and one thing i will never miss is wind it is cold like 15 and windy i don’t miss the snot just running out of my nose. (sorry had to say it, you know it’s true just no one ever says it)

  11. Notgivingup

    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 seek. I am lucky to have a decent job, great and loving family but the future is still very uncertain. But I will agree I just cannot see fighting these battles year after year with no end in sight, hope is getting old and my faith has gone out the door. I have enough support to keep me going but sometimes I feel we need a new angle for this fight. I am involved in my state and yours, I donate and do what I can but it always seems it is not enough, they pass more laws before we ever get one knocked down. Wish more RCs would wake up and fight back anyway they can. As I read many of these post I see so many who are intelligent, paid their debt but want their life back. I wish you all well wherever you go.

  12. Unforgiven citizen

    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.

  13. Joe Mandt

    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 bumped up from a SOO to a predator., but as a predator, he doesn’t get that 10 year relief. I am wondering if that is the trick that they are using now? Take someone who would have CLEARLY been classified as a SOO under the pre 2008 Megans Law and reclassify them as a predator. If they are forced to classify someone like me as a play old SOO, then I see no way that they can deny me the pre 2008 relief after 10 years.

  14. Oren Apple

    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 to prison for failure to comply. Since 2008 I have had 3 different county sheriff departments – (Franklin County, Perry County, and Athens County: “the county of conviction”) tell me that they have searched and searched and they cannot find anything stating I am to register. Athens County Clerk of Common Pleas can not even provide any court documents stating I have to register. I even contacted my attorney that represented me in this case and he says that I was not sentenced to these laws. Currently I am on the internet registry as a “sexually oriented offender” which requires me to register for 10 years. My initial date of registry was in 2008. I was under the impression that I would be finished in 2018. Between 2008 – 2018 I was in prison for 2 counts of burgarly. According to Ross County Sheriff I am to continue to register for the next 10 years. He has said that during your time in prison puts a pause on your duties. So now I have to be a registered sex offender until 2028 without even being sentenced to do so. It has been total hell for me dealing with the Adult Parole Authority. I have lost touch with my family, friends, and my wife has even left me. I am stuck in a halfway house for 7 months now because of chronic homelessness and they are going to release me next month – (April 2018) as homeless. And by the way, I did not even technically kidnap anyone. I asaulted a female over the age of 18 in the attempt to rob her, not for sexual perposes. If there is anyone that can help me with some info on how to get off this registry please email me at orenapplesemail@gmail.com. I need some real help because this problem with A.P.A. has and still is effecting my life in ways that I can not control.

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