Second chance for some youthful sex offenders

On April 6, Arizona became the latest state to offer early relief from sex offender registration obligations to young people convicted of consensual sex offenses and sentenced to probation.  The law, HB 2539, allows individuals convicted before reaching age 22 of sexual conduct with a minor between the ages of 15 and 17 (so-called “Romeo and Juliet” offenders), to petition the court for relief from registration after completing probation.  If a petitioner meets all applicable criteria, the court must grant the petition unless it finds that a “denial is in the best interests of justice or tends to ensure the safety of the public.”  Similar laws authorizing early termination from registration for those convicted of youthful consensual offenses are in effect in ten other states, including Florida, Oregon, and Michigan.

Laws requiring young people to register have come under increased scrutiny thanks to recent media coverage of their harsh effects and flimsy justifications — notably an article by Sarah Stillman published last month in the New Yorker (“The List”).   Much of the attention to registry of juveniles has been driven by mobilization around the issue by advocacy groups like Reform Sex Offender Laws (RSOL) and the Center on Youth Registration Reform (CYRR).  In 2013, Human Rights Watch issued a ground-breaking report on the issue, Raised on the Registry.

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50-state survey of relief from sex offender registration

We have prepared a new 50-state chart detailing the provisions for termination of the obligation to register as a sex offender in each state and under federal law.  This project was inspired by Wayne Logan’s recent article in the Wisconsin Law Review titled “Database Infamia: Exit from the Sex Offender Registries,” discussed on this site on April 15.  The original idea of the project was simply to present Professor Logan’s research in the same format as the other 50-state charts that are part of the NACDL Restoration of Rights Resource, supplementing it as necessary.  But getting all of the state laws condensed into a few categories turned out to be a considerably more complex task than we imagined, in part because we had to fill in a lot of gaps, and in part because of the extraordinary variety and complexity of the laws themselves.

We present it here as a work in progress in the hope that practitioners and researchers in each state will review our work and give us comments to help us make the chart most helpful to them and to affected individuals. Read more

North Carolina offers detailed on-line guide to relief from a criminal conviction

We’ve just learned that the School of Government at the University of North Carolina has produced a detailed and well-organized online guide to obtaining relief from a North Carolina criminal conviction. You can view the guide here.  The guide explains in one place the various mechanisms available in North Carolina for obtaining relief from collateral consequences, including expunctions, judicial certificates of relief, and other procedures.

The guide supplements the School’s Collateral Consequences Assessment Tool, C-CAT, an online tool enabling users to identify the potential consequences of a criminal conviction in North Carolina.  C-CAT is user-friendly and has been kept up to date with new laws enacted since its clouds-over-smoky-mountain-national-park-nc130launch two years ago.

The relief guide is organized by the type of relief being sought and includes tables breaking down the specific requirements for relief. It describes special relief provisions for sex offender registration and firearms dispossession, as well as for drug crimes and juvenile adjudications.  Features of the online guide include keyword searching, live links to internal and external cross-references such as statutes and forms, cases and opinions, and periodic updates. The guide was prepared by John Rubin, Albert Coates Professor of Public Law and Government.

This guide is the most detailed and user-friendly one we have seen, and should be a model for other jurisdictions.