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today the first report that the U.S. State Department has notified a registrant by email that his passport has been revoked.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According to the department’s message, the registrant was notified that his passport was revoked by email “due to current health and safety measures.”  All previous reports that registrants passports had been revoked were in the form of a letter sent to registrants by certified U.S. mail.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

 

Join the discussion

  1. SR

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

    • Resident

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

      • SR

        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.

        • NPS

          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.

        • SR @ NPS

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

      • Political Prisoner

        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.

        • M C

          @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.

      • Change

        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?

        • M C

          @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.

    • Interested Party

      @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.

      • RP

        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.

        • James I

          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

  2. DPH

    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!

  3. jm from wi

    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)

    • Political Prisoner

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

  4. Sarah Fiebig

    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.

  5. Anonymous

    I traveled over a year ago to Europe and should have been revoked but never was.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

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