Source: a2twozee.blogspot.com 12/3/24
By Atwo Zee, Registered Traveler
A recent NARSOL Digest (Oct/Nov 2024) “Legal Corner” article (Page 5) discussed the case of a man who successfully had himself removed from Michigan’s registry, then moved to Alabama. Three years later he was arrested in Alabama on a failure to register felony. Now he asks from his prison cell, how can this be? “I should not be in prison for failure to register because I have no registration obligation.”
The Digest’s answer is on point: “Unfortunately, when you left Michigan, that state no longer controls your plight …” Since many former registrants mistakenly believe there will be no consequences from moving to a new state, this example should be an object lesson that this really can happen to you.
The problem is that state registry laws contain language saying one of two things. Either:
(A) (paraphrasing) If you are required to register in the state where you offended, then you have to register with us if you move to our state, or
(B) (paraphrasing) If you were EVER CONVICTED of a registrable offense in another state, then you have to register with us if you move to our state.
The bad news is Option B is by far the larger group–38 states and all five territories. Option A includes only 12 states. Even here there’s no way of knowing how much mischief state and local law enforcement can do to throw roadblocks in the way of exercising your right to travel. You should consult an attorney specializing in registry issues in your destination state.
Within the larger group of 38 states and five territories, it turns out there are subgroups. The two largest are: (a) states which have a stated time period after which a registrant is (supposedly according to statute) AUTOMATICALLY removed, AND this includes out-of-state offenders (16-19 states depending on how you count them), and (b) states which have a stated time period after which a registrant is (supposedly according to statute) allowed to PETITION for removal, AND this includes out-of-state offenders (15-17 states).
In an ideal world, a person who has served the requisite amount of registry time in the state of conviction should be eligible to petition a court in the destination state that he/she has fulfilled the registration period and that there would be no registration obligation. The reality is that this option is not likely to be successful because courts generally do not render advisory opinions. They view such endeavors as a waste of judicial resources when there is no actual ongoing controversy to be resolved. In Option B you have the right to petition after the stated time period, but there’s usually no guarantee. I can only imagine that few of these states would allow you to swoop in at the airport and head for the nearest courthouse to get off their registry. Some laws state a time period for out-of-staters to establish residency before you can apply. Again, consult an attorney specializing in registry issues in your destination state.
Read the full blog [NOTE: You need to scroll down a lot to see the article]
Just get rid of the entire damn thing already!
This might be a good avenue to challenge it on Equal Protection Clause violation grounds. They don’t do this to any other convicted individual once they’ve served their time and paid their debt elsewhere prior to moving to a new location outside of the original state of conviction. Given the respective language above of the statute, it could imply that one who has had their conviction overturned in a court could possibly still have to register even when that conviction is null and void when they move to a new state.
When prior convictions for all crimes are required to be registered with the new state, then it’s equally provided protection to the people, but until then it’s nothing but a political power play. This does not constitute legal advice but merely my opinion.
Like I said previously, getting off the registry in Ca simply means your prison exercise yard is bigger. You still aren’t allowed to resettle in most places. So you have to stay free in the most expensive place on Earth, or essentially go back to hell.
Yeah my mom doesn’t really understand how complex the registry is she owes an apartment building and two houses in Colorado she was so excited that I got off the registry she said now you can move out here and help me with the apartment building and take over one of the houses it needs fixing up you can live in it rent free. I didn’t wanna tell the truth that I’m still trapped in California and if I move to Colorado I’ll be forced to register again.
Even though I’m officially off I’m still paranoid. I’m still looking over my shoulder, I think I have PTSD and survivors guilt because I lost a lot of friends and family since I’ve been on the registry and I never really had time to mourn. It’s hard to mourn when you’re on the run trying to dodge prison. 🏃🏿♂️
I enjoyed this article earlier on NARSOL. But it creates many unanswered questions. For example, if your charges have been dismissed and expunged, and you no longer have to register and you decided to move to another state how on earth are they ever going to know? Unless you are subject to some form of background check I don’t see how anybody would know about your past. And is anyone aware of any other instances like this one noted in the article? I don’t see how if your charges were dismissed and expunged which essentially means you were never convicted how your subject to part B of the analysis.
In most states, “the clock” resets again that applies towards your time to petition for removal. Which I find absolutely insane. It’s intentional malice and vengeance because they don’t want us to have any kind of life that resembles theirs.
Well, I have a friend who moved to California from Colorado over 25 years ago and never had to register in California and he worked for a Government agency for 15 years and is now retired and 83 years old,
Lucky guy??