Ending Sex Offender Registration Requirements

Many different sorts of convictions can result in a requirement to register as a sex offender, and in many cases, this registration requirement can last permanently. Though there has been some push to end sex offender registries completely as ineffective and unfair, Washington currently maintains a sex offender registry, and failure to comply with a registration requirement will result in a new felony charge.

Fortunately, in many cases, it is actually possible to have this requirement lifted. Everyone’s case and situation will be different, so you should speak with an attorney in order to determine if you will be eligible to end your registration requirement.

 

When can someone end their registration requirement?

The rules for ending a sex offender registration requirement differ depending on the sort of conviction you have, and how old you were when you were convicted.

 

If your conviction was as a Juvenile:

1) For class A sex offenses or kidnapping offenses committed when the petitioner was fifteen years of age or older, the court may relieve the petitioner of the duty to register if:
              (a)        At least 5 years have passed since the conviction and completion of any term of confinement and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses within the sixty months before the petition;
               (b)       The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the 5 years prior to filing the petition; and
               (c)       The petitioner shows by a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.

 

2) For all other sex offenses or kidnapping offenses, including Class B, Class C, Misdemeanors, and Class A felonies committed before the petitioner turned 15. The court may relieve the duty to register as a sex offender if:
               (a)        At least 2 years have passed since the conviction and completion of any term of confinement and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses within the 2 years before the petition;
               (b)       The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the 2 years prior to filing the petition; and
               (c)       The petitioner shows by a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.

 

If your conviction was as an Adult:

 

The requirement to register as a sex offender actually ends automatically in many cases. For example the requirement to register will end automatically pursuant to RCW 9A.44.140 :

 

10 years after a Class C Felony

 

15 years after a Class B Felony

 

However, individuals who have been convicted as adults and designated ‘sexually violent predators’ or have been convicted of Class A Felonies that involve ‘forcible compulsion’ required to register for their entire lives.

 

Everyone else can petition the court to end their registration requirement as long as they have spent 10 years in the community without a disqualifying offense, as allowed by RCW 9A.44.142.

 

How to get a registration requirement ended:
If your requirement does not end automatically, you will need to petition the court to lift your requirement. The court will schedule a hearing to consider your petition, and will want to know about several factors, including any other criminal history, your work history, your living situation, what your family life looks at, and the court will often want to see an updated psychiatric evaluation aimed at determining whether you pose a risk.

 

Costs, timelines, and odds of success:

 

Cost: The price for our services in petitioning the court to lift your registration requirement will vary depending on which county we are working in, and the complexity of your case. Most cases will range between $1500.00 and $2000.00 though the price may be higher in some cases. There may also be additional costs, this is especially if a new psychiatric evaluation is necessary, it is impossible to say exactly what those costs would be without reviewing your individual case.
 

Timeline: Most petitions to end sex offender registration requirements can be resolved within 60 days,  depending on how backlogged the court is, and how much time it takes to gather the supporting evidence we require. If it is necessary to obtain a psychiatric evaluation, the process will be delayed while that is being obtained.

 

Odds of Success: Petitions to end sex offender registration requirements are at the discretion of the court. This means that the Judge has almost total power to decide whether or not to grant a petition. Given this reality, it is impossible to guarantee success in these petitions. However, the stronger a case you put forward to the court, the more likely you will be to find success. We strive to assemble the strongest arguments for ending your requirements, as well as the best available supporting evidence. We work with the prosecuting attorney’s office in an effort to gain their cooperation, as the support of the prosecutor can be a key factor in swaying a Judge.

 

Contact us: 
Call us at 206-331-7377 for your free consultation. You’ll speak with an attorney who will discuss your situation with you, and determine whether you are eligible to lift your registration requirement, and can discuss your odds of success.