A registrant who has lived overseas for more than two years recently won a battle with the Angel Watch Center after the Center falsely notified the State Department that he was currently required to register as a sex offender. As a result of that notification, the registrant’s U.S. passport was revoked because it lacked a “unique identifier”.
The registrant, who was traveling on business, learned that his passport had been revoked after a letter was sent to the home of a relative where he had previously resided prior to departing the U.S. Because his passport was revoked, the registrant could not return home from the country where he was conducting business.
The Angel Watch Center’s determination was based upon an incorrect interpretation of a state’s registration laws. In order to correct that determination, a letter was obtained from the state police which clarified that the registrant is not required to register in that state because he had properly notified the state of his move overseas and that he is not a current resident of that state.
After receipt of the state police letter, the Angel Watch Center notified the State Department of its error and the State Department eventually issued the registrant a new passport without the “unique identifier” at no cost. This process took about six weeks and resulted in the registrant’s inability to return to his family as well as significant hotel and other related costs. The registrant is now reviewing his legal options due to harm caused by the Angel Watch Center’s errors.
I was a little unclear on this part as I broke it down and did not show the entire section language as one unit, which did not put the language in context.
“shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.”
Im just gonna say this one thing and leave it at that….why are we arguing?! Why are there jabs being thrown?! Arent we all here for the same cause?! Who cares what mike r thinks about lawyers or doesnt think about them??? Who cares whos wrong or whos right?! Or whos misinformed?! Cant we inform people of things without being so negative?! Like i said were all here for the same thing…equal rights. So why shoot down other people?! I think Mike rs work is really something to be admired and rooted for. Anyones work on these subjects should be. So lets stop with the hate and nonsense. Arent we all trying to stop the hate with the registry and it bs laws? How can we do that if we cant even work together?! Just bc people see things differently or think differently doesnt mean we need to fight or argue. We need to unite together and fight this. If we cant come together everyone is doomed to fail. Just my take on this.
After giving this further thought, this situation may apply in certain states:
You were registered in state 1, you give notice that you’re living overseas and they de-register you because they have no authority to register you. You come back to state 2 now, and setup residency there via driver’s license change. The law states that if you were registered in another state then you need to register in the new state. However, you are NOT registered in state 1 anymore, thus you would not need to be registered in state #2.
This would vary from state to state according to their specific language. However, unless someone can show otherwise, this looks workable.
Yep, I will not argue on personal beliefs or attacks again. Like others have stated, I do not have to prove anything to anybody and I know I have people out there truly rooting for me.
So Joe123, you are seeing this as well!!
I know it is crazy but the law is the law and must be interpreted in the language of that law unless there is clear legislative intent that is contrary to what the language states. Like I stated, CA has had many chances to describe in more detail if they wanted to register out of state (or country) convictions and explicitly states several times that CA registration only applies to those that are convicted in this state, military or federal courts, or are on another state’s registry.
I de registered. I left the US and returned using a passport from the country I visited under a new name! Fake passports are easily accessible in the country I visited! I’ve been living in (blank) for 2 years now without any issues! I’m presently in the process of writing a book on how to de register legally! Yes, there is a way! Good luck
De registered that is awesome, better be careful about stating what you stated on a public forum though. This is not an anonymous site, none are unless you have special software I believe. You have an IP address that can be traced…. So, I guess this great legal mind was not all alone on his breaking and cutting edge deductions and the possibilities…:) Thank you Joe as this has opened up a entirely new discourse on these de-regerstartion processes and the possibilities out there. I am in no way encouraging unlawful solutions, I was merely pointing out the legal possibilities and fallacies in the language of the laws that are out there. Especially in CA….
@ de registered, I am not exactly sure that getting a fake passport in another country with a new name, and then entering back into the states with that fake passport, would be considered legal. I may be wrong as I am no legal scholar, but that sounds pretty sketchy to me… But then again, technicalities win cases and can make illegal acts perfectly legal in certain instances, much harder now days, but still possible… It is a big gamble when you are talking about serious prison time though….Interesting though, to say the least.
What about your SS #? Were you able to get a drivers license-ID card with that passport? What happens if you happen to get recognized by someone, or someone that may have a beef with you sells you out? What about if some how some way you end up in a hospital, for instance, and you are out and they run your prints or check DNA to find out who you are? What if cops arrest you for mistaking identity and print you? There are many instances where your true identity could be exposed. Not sure if there is actually any law on the books against this, but it sure seems sketchy like I stated…. Like to hear more though….
One other thing about de registered’s comment. WOW, what if you were some kind of terrorist, mass murderer wanted in another country, or just about anyone that was a real threat to our country? So much for any kind of border security, and so much for our vetting process. Scary shit right there…. Of course there must be thousands if not millions in this country if what you state in indeed fact, which I have reason to doubt you. Is it a US passport? Or from the country in which you came back from? Many questions on this….
I am looking at becoming an expat if anyone has some pointers? Graduating soon with an MBA and feeling desperate…
I can’t provide all of my details. I’m presently residing in LA! I’m in the process of writing my book which will and can provide every detail involved. It’s all rather simple.
This is so funny considering I was refered to as crazy when I even mentioned this and now de reg is saying he actually did it, and it was easy at that. Lmfao BIG time. This is to much, you would think this would have to be me using a different name to vindicate myself it is so classic….Its actually not though….;) 🤣😲… De reg sure you are not just trying to sell this book your talking about???
You guys are both right, each state has its own language in the statutes. Just as if I deregistered after moving out of the country I could not come back to CA without registering since CA states specifically that anyone ever convicted of such or such crime “in CA or a federal or military court must register” so I was convicted in CA court so it would apply still regardless. And as stated by CR, there are many states with different language stating if you have ever been convicted of an offense equivalent to one of their respective state statutes in any state, regardless if another state has you on a list, requires you to register in that state. This I have challenged and will continue to bring up in court when I win and CA is ordered to deregister me. I have already explained in my complaint that just deregistering me in CA alone will not suffice and that the court must order all states within the courts jurisdiction to cease and desist any registration obligations that they may have on me in there statutes. As far as states outside the district’s jurisdiction, this is going to have to come from a higher court i.e. SCOTUS….Or I am sure I would have to sue in each of the 12 regional circuits across the country in order for it to be binding on every state. I do not think that the federal appeals courts can force other state out of their jurisdiction to comply with one of their orders.
Now as far as moving back from out of the country to another state, unless there is exact language as described requiring registration for such and such offense or the equivalent then I should theoretically be able to return to one of the other states that do not have such language and not be required to register. CA does not state that I have to register in any other states as WI and NY requires, as CR points out……..
This is a good thread, it could be proven to be a viable option for many. The thing of it is, we have to remember federal AWA. What is their exact language in their statutes pertaining to all this. IDK, I have not researched it….The AWA may actually have the safeguarded language prohibiting this. Like i stated, I do not know without research…
@Joe123, Yes i am on the CA registry which as of now is for life. The state is actually moving to a tiered sysytems in 2021, but if the language stays the same I will be in a tier three because of pc 288.2 for talking about sex with an underage girl on the internet, the court claimed that was “harmful material” for a violation of 288.2. It states as harmful matter as defined in pc 313,
As used in this chapter:
(a) “Harmful matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or >>>describes in a patently offensive way sexual conduct<<<< and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
The court and DA used the "describes in a patently offensive way sexual conduct" for the conviction and the language in the new tiered bill as is puts that in tier three, there worst of the worst with lifetime registration and I am sure right after the law goes into effect they will be upping the ante requiring more reporting, more compliance checks, more etc…
I am not sure if you are aware but I am in federal court right now. the entire case is on Pacer or at my site http://mllkeys20112011.wixsite.com/mysite
The DA offered me 8 months of work project and probation for a 664/288(a), but since I fought it they gave me 5.4 years in state prison and added two new charges, one of which was the 288.2. Believe me this would not have happened if I was not threatened and coerced out of representing myself as my PD literally did and said absolutely nothing during trial or in briefs other than insufficiency of the evidence and rested her entire defense on that alone when there was an astounding amount of exonerating evidence and questionable elements that were not met….
Thank you all for most of the comments. To @Deregisterd, I applaud you. I am ready to leave.
I currently live in CA and have tried really hard to live a good life. Went back to school, done a lot of great things at both schools I graduate from, endured some major media years after my case and still thrived. Got involved with a nonprofit building them up to the highest success they have ever seen and raised over $100k for them. Now I will be out of a job because one person wanted my job and is making it difficult for me and the organization. So, I’ll be out of a job at the end of December and I’m just tired of having to relive all of the trauma from the past.
I would really like to move to another country and start over. How can I do this? Which country is the best to do this at? I have a lot of skills and experience that I can thrive in either the business or nonprofit sector or event start my own business. But that is not going to be possible in the US.
@deregistered – if you can help, I will be the first to buy your book, but want to make a move in January. I was even thinking of applying to an MBA program in Barcelona, Spain and finding a way to stay there.
Anyone – please help
Sorry to hear such stories. I know the feeling. I’m still in the process of completing my memoir under an assumed name. I’m thinking I might simply take pre orders to cover the copyright info. I obviously don’t want any issues etc. Thereafter, I might simply send the memoir out via email to avoid all of the issues involved. It’s not as simple as 1, 2 3 to publish this. I’ll keep you posted
Yeah, and the Cornell does not have everything, you must go on actual Pacer for all filings..
Has anything happened since this?
And has anyone found out what state the person was originally from?
any follow up on this ?
Any details on this case? Court documents? Case #? Would love to know the facts of the case and the country he moved to.