Generally, if you have a conviction on your record for either: (1) a sex offense or (2) kidnapping, you will be required to register with the sex offense registry or kidnapping offender registry, respectively. Having to register as a sex offender can have a wide variety of different negative consequences. You may be precluded from certain types of employment, such as teaching, working at a daycare, or being employed anywhere in which your job duties may involve dealing with children. Additionally, it can harm your familial relationships and even hinder your romantic endeavors as well. However, you may qualify to obtain relief from the requirement to register!
The length of time you must register for after a conviction for a sex offense or kidnapping offense varies depending on what your conviction was specifically for. If you were convicted of sex or kidnapping offenses, there are four possibilities in regards to how long you must register, which are:
Lifetime Registration:You are not eligible to petition the court to grant you relief from the registration requirement if:
- You committed the offense after June 8, 2000; and
- You were convicted of a crime that includes forcible compulsion; and
- You were adjudicated as a sexually violent predator.
- Includes convictions for Rape in the First Degree, Rape in the Second Degree, and Indecent Liberties with Forcible Compulsion.
However, you are eligible to petition the court to exempt you from the community notification requirements.
- Your last day of release was at least 15 years ago; and
- You have not been convicted of a disqualifying offense during the previous 15 years.
You are required to register indefinitely if:
- You were convicted of a Class A sex or kidnapping offense in Washington; or
- You were convicted of 2 or more sex or kidnapping offenses in Washington; or
- You were convicted of any sex or kidnapping offense in a federal, another state’s, or tribal courts
You are eligible to petition the courts for relief from the registration requirement if:
- If convicted of Class A felony sex or kidnapping offense in Washington: 10 consecutive years have passed without any new disqualifying offenses
- If you were convicted of 2 or more sex or kidnapping offenses in Washington: 10 consecutive years have passed without any new disqualifying offenses
- If you were convicted of any sex or kidnapping offense in a federal, another state’s, or tribal courts: 15 consecutive years with no new disqualifying offenses.
15 Years of Registration You are required to register for 15 years and will automatically be released of that requirement if:
- You were convicted of a Class B felony sex or kidnapping offense
- You did not have any prior sex or kidnapping offense convictions
- At least 15 consecutive years since last date of release or sentencing if no additional time was served after sentencing
- You have had no new disqualifying offenses
However, you are eligible to petition the courts for relief from the registration requirement after 10 consecutive years with no new disqualifying offenses.
10 Years of Registration You are required to register for 10 years and will automatically be released of that requirement if:
- You were convicted of a Class C felony; or
- You were convicted of any of the following gross misdemeanors: Communicating with a Minor for Immoral Purposes; Sexual Misconduct with a Minor; or attempt, solicitation, or conspiracy to commit a Class C felony
- No prior sex or kidnapping offense convictions;
- 10 consecutive years since last date of release or sentencing if no additional time was served after sentencing;
- No new disqualifying offenses.
However, you are eligible to petition the courts for relief from the registration requirement after 10 consecutive years with no new disqualifying offenses.
If you were convicted as a Juvenile of any sex or kidnapping offense, you are required to register until a court order relieves you of the duty to register. You are eligible to petition the court for relief from the duty to register if:
Minimum of Five Years Registration
- You were convicted of a Class A sex or kidnapping offense
- You were at least 15 years old or older
- At least five years have passed since adjudication
- You have not been found to be a violent sexual predator
Minimum of 2 Years Registration
- You were convicted of a sex or kidnapping offense that does not require you to register for at least 5 years
- At least 2 years have passed since adjudication
- You have not been found to be a violent sexual predator
The Law Office of Erin Bradley McAleer has been highly successful in removing clients from the registry and relieving them of their duty to register.
Adult Conviction: If you have been convicted of either an adult sex or adult kidnapping offense and you are wanting to be relieved of your duty to register, you must provide clear and convincing evidence that they are sufficiently rehabilitated. This is a very high standard to meet, but can usually be shown through the use of doctor evaluations and other types of evidence. Only meeting this standard will allow you to be removed from the central registry.
Juvenile Conviction: If you have been convicted of either a juvenile sex or juvenile kidnapping offense and you are wanting to be relieved of your duty to register, you must show by a preponderance of the evidence that they are sufficiently rehabilitated. This evidentiary standard basically means “more likely than not.” Only meeting this standard will allow you to be removed from the central registry.
The Court uses 13 factors to determine if a person convicted of either a sex offense o kidnapping offense are sufficiently rehabilitated, which are:
- Nature of the offense, including the number of victims and length of offense history;
- Additional criminal history after the offense;
- Your compliance with DOC supervision requirements;
- How much time has elapsed since the incident occurred;
- Any input from police, treatment providers, and DOC personnel;
- Whether you have participated in any sex offense treatment;
- Your participation in any other types of rehabilitation or treatment programs;
- Your employment and housing stability;
- The amount and depth of your community and personal support system;
- Any evaluations or assessments completed by qualified professionals;
- Any updated polygraph examinations;
- Any input from the victim; and
- Any other relevant factors
There are multiple categories of offenses that may disqualify you from obtaining relief from your duty to register, such as:
- Any felony conviction
- Any sex offense
- Any crime against persons or children as defined by statute
- Any domestic violence offense
- Any offense of indecent exposure or prostitution-related offense
These “disqualifying offenses” are not absolute. Even with subsequent convictions for these offenses, the Law Office of Ern Bradley McAleer has been able to successfully secure relief for our clients of their duty to register!