ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (7/10 Recording Uploaded)
Emotional Support Group Meetings

Click here to sign up now for ACSOL’s Online EPIC Conference: Empowered People Inspiring Change Sept 17-18
Download a PDF of the schedule

National

State Department Notifies Registrant by Email of Revoked Passport

ACSOL received today the first report that the U.S. State Department has notified a registrant by email that his passport has been revoked.  The email included as an attachment a formal letter from the department.  The email and letter were sent to the registrant on August 26, 2020, more than six months after his last trip overseas to a country where he was allowed to enter.

According to the department’s message, the registrant was notified that his passport was revoked by email “due to current health and safety measures.”  All previous reports that registrants passports had been revoked were in the form of a letter sent to registrants by certified U.S. mail.

“The information sent in the State Department’s email is very similar to information sent previously by certified mail,” stated ACSOL Executive Director Janice Bellucci.  “The bottom line is that the registrant’s passport was already revoked and must be returned to the State Department in order to apply for a new passport.”

The newly issued passport is expected to contain a “unique identifier” that reveals that the registrant has been convicted of a sex offense involving a minor.  The “unique identifier” does not specify whether the offense involved physical contact or when the conviction occurred.  According to the department’s message, the registrant can obtain a passport without a “unique identifier” after the Angel Watch Center certifies to the Department of State that he is no longer a covered sex offender as defined by federal law.

 

We welcome a lively discussion with all view points - keeping in mind...  
    1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
    2. Please keep the tone of your comment civil and courteous. This is a public forum.
    3. Swear words should be starred out such as f*k and s*t
    4. Please stay on topic - both in terms of the organization in general and this post in particular.
    5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
    6. Please take personal conversations off this forum.
    7. We will not publish any comments advocating for violent or any illegal action.
    8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
    9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
    10. Please do not post in all Caps.
    11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
    12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
    13. We will not publish any posts containing any names not mentioned in the original article.
    14. Please choose a short user name that does not contain links to other web sites or identify real people
    15. Please do not solicit funds
    16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
    17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
    18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 
Subscribe
Notify of
21 Comments
Inline Feedbacks
View all comments

Any ideas how this treats people who have had their record expunged or similar such as CA’s 1203.4?

As far as I know 1203.4 does not relieve registration. And the feds only mark passports for crimes against children and are registered.

Thank you for the reply, but that’s not what I meant. The passport things requires the person to BOTH have a conviction AND for it to be against a minor. 1203.4 and other such laws across the country take away the CONVICTION despite still requiring the person to register. So I’m wondering if the feds will see “no longer having a conviction” as exactly that to break the requirement that would force the passport mark.

I asked Janice directly at one of the ACSOL conferences. If you are registering for an offense that involved a minor, you WILL have the mark on the passport. I retorted that the regulation says “and” not “or”. She repeated if you are registering for an offense that involved a minor, you will have the mark on the passport.

Thanks, NPS. That seems like a pretty clear answer. I guess the Fed must not recognize states removing the conviction.

True in California an expungement does not relieve us from registration but it does remove the conviction. And from my understanding of the federal lwa is you need to be convicted AND required to register. I am not a lawyer, but that is the way I see it.

@Political Prisoner, It seems the Federal Government always tries to find ways a state expungement does not satisfy all of the requirements to affect the NCIC records and the Feds have a good argument with this sort of situation specifically. If the state intended an expungement to entirely erase your conviction, you wouldn’t be required to register because if fully ‘erased’ there would be no offense that exists that would have triggered the registration requirement. Even if expungement could affect the NCIC, it can be alot of work to have the NCIC record properly affected and the Feds can supposedly still see these records. Could you try argue this with Angel Watch to get the certification of you being “covered” removed or see what the Federal courts say about it? Its possible but I think not likely especially in the case you are still required to register.

Any idea whether a covered offender that has been relieved of their requirement to register under California’s new tiered system would be able to obtain a passport without the unique identifier? In other words, will a covered offender ever be able to get an unmarked passport, or will they be recognized federally as a covered offender for life?

@Change, A covered sex offender for purposes of the passport identifier includes those only required to register in any jurisdiction. Therefore if you are not under suvh requirement you shouldn’t have the passport identifier. Honestly I’m not a sure the identifier is as big of deal as the Angel Watch / Marshals notices as practically nobody looks at the back cover of the passport and these notices are sent even if passports are not marked under a different definition for a covered sex offender that applies.

@SR

I Was looking into this and here are my two cents, not sure it’s worth even that much.

For IML the trigger for the marked passport is “The bearer was convicted of a sex offense against a minor, and is a covered sex offender …”

To my understanding the 1203.4 does not erase the conviction for the purpose of the IML marking, similar to the point of getting a second felony, the conviction that is dismissed according to 1203.4 is still a strike and therefore still a conviction.

I am unaware of anyone actually challenging this to find out if it is enforced that way or not.

From my own reading, as long as you are required to register for a crime against a minor you will be eligible to get the marked passport.

If anyone has a better understanding or examples it would be greatly appreciated.

You are correct. My passport was revoked after a trip over seas In which upon my landing I was escorted back on the plane and returned home and my conviction was expunged with a 1203.4 and a 17b. Didn’t help me at all I have not Tried to get another one since.

RP….do you mind me asking what country this was? Where this happened? Mine was South Korea of all places…where I was escorted off the plane, etc…..so I am curious what other people’s countries were.

Thanks

Best Wishes, James I

Sounds like More Continual Punishment and denies constitutional Bill of (Human) Rights and upcoming I ng Fed Court r u ling of Appeals for FEDS, hmmm
Voting and political positions open game again…anything to do with all these? – push the RC’s/in their.mind unreg S.O.’s into the ground.
Hang i n there all!

So an E-mail can notify us of a passport revocation… maybe soon we can all register by E-mail.
(in Wi. we can by US mail)

That is going to be hard for them to email me since they do not have any email associated with my registration.

There is an hysteria within this country over the phrase “sex offender” that is beyond my comprehension. Research has shown that there are hundreds of thousands of registrants in this country that are leading lives as law-abiding citizens, with the recidivism rate (committing another sex crime) being in the single digits when all people on the state registries are taken collectively. This is after being caught and serving time in prison.

Why is this unreasonable fear existing? One reason it that is has become a money maker for some: federal monies received for sting/entrapment operations where there are no real victims and for every name listed on the state registries. In Florida, OPPAGA found that the Florida registry has around 73,000 – 74,000 names when in fact there are actually only 28,000 live bodies. Florida keeps on the names of registrants who might visit Florida for 3 days and then never return to Florida, people who have absconded or deported, people who have died. These names stay on for life and Florida received federal money for all 73,000 – 74,000 people, which is over twice the actual number of registrants living in Florida.

Additionally, many in government have very little knowledge of research and do not use data-driven policies. It is all about getting re-elected.

Many of these problems could be dealt with if all states used Risk Assessments based on research-based assessment tools and not on the offense.

I traveled over a year ago to Europe and should have been revoked but never was. It seems like pick and choose.

Here’s a simple question that requires a simple answer, please.

Next month, thousands of CA residents are about to be removed from the state’s registry. Once relieved of requirement to register, will these registrants’ passports still be marked?

A second, more complicated question, how long before the removal from the registry “percolates” through the system so the passport applicant does not get a marked passport.

Thank you!

Last edited 2 months ago by Traveler

@Traveler,

It’s impossible to totally know what will happen and depends a lot on whether you have traveled to other places and been put on their registry. It also is important to be aware that even if your passport is unmarked may have to be unmarked based on IML, a notice of your arrival to a foreign country may still be sent and this is far more problematic when it comes to travel anyway.

@traveler

i appreciate your optimism that this is a simple question. The way it should work, according to the law about the marked passport, is once you are no longer on a state registry you are no longer required to have a marked passport.

the real complication is the second question. From my own experience being removed from the registry is it took the CA DoJ about a month to respond to the court order. Once the DoJ responded to the court my information was removed from the state registry.

Another level of complexity is what Satan Watch will do with nice a person is removed. In the past Satan Watch has “mistakenly” sent notices to countries about citizens who had been removed from the registry. If I remember properly the stated it was “an honest mistake.”

To sum up it will likely take at least a month to be removed once the court grants your petition. After that however, there still remains a lot of unknowns

@Traveler:
Were it me, I would check the National Website (https://www.nsopw.gov) to see if I’m still on there. Once off, I would try to contact USMS/Satan to ensure I’m off their list prior to traveling. That may prove impossible. The Complaint Form (https://www.usmarshals.gov/sex-offender-complaint-form.html) they offer is only if troubles were encountered during travels–which is a bit late in most cases!

Sadly, probably the most effective way to see if you’re still in the USG databases is to try to use a service that doesn’t allow RCs. FB, H0mefacts, AirBnb could all be useful, as I expect they all tap into the DoJ’s naughty list of email addresses.

21
0
Would love your thoughts, please comment.x
()
x
.