Wednesday, February 8, 2012

OH - Moving across states after registration

The following was sent to us via the contact form and posted with the users permission.

By Redeemed1:
I currently have to register in Ohio. I was originally given 10 years, then it was changed to 25 by the Adam Walsh Act. The Ohio Supreme Court (in the Boydke case) required that it be changed back to 10 years, thank goodness. I will be off (assuming the government doesn't find another way to screw us) in about 3 years, so I am started to look at all options then. So my question is basically that if after someone is released from registration, and moves to another state, can the "new" state require registration? For example, if in 3 years when Ohio says I'm done, and then I find a job in another state (say one that has the Adam Walsh Act), could they decide to put me back on? I've notice on most state websites, they basically state that if someone is currently required to register in another state, then they would have to in the "new" state, but nothing refers to if they are no longer required to register in their "old" state.

Thank you for any advice (or reference) you can provide, and for all the hard work that it put into this site. I really appreciate it..


9 comments :

anonymous said...

I am not an attorney and the following should NOT be construed as legal advise, it is just my opinion based upon general experience with this subject. Each State, whether they are considered SORNA compliant or not, has thier own laws and statutes dealing with sex offenders. I would strongly advise you to PERSONALLY contact each State you may be planning to move to.
Contact, at the minium, the Attorney Generals office,the State police,the City or county Police,the State's sex offender management board,and the States Bureau of investigation if they have one. Any one, or combonation of, the aforementioned agencies may regulate how they will handle your particular case.
Don't be surprised if you recieve conflicting information from them either. Of course, you can always hire an attorney, but there is NO GUARENTEE you would not have to re-register once you claim residency in the new State. Also remember, States can, and do, change thier laws regarding sex offenders at each years legislative general assembly. Bottom line....Once you have been convicted of a crime that requires sex offender registration, that record stays with you for the rest of your life no matter what State you live in. To the best of my knowlege States do NOT have reciprocating laws for sex offenders( as they might have for concealed firearms permit holders). Therefore they do not have to honor any court order from OHIO giving you relief from registration.Hope this will help. Remember to double or tripple verify everything PERSONALLY and get documentation whenever you can. Peace,and God's love to all.

Chance said...

Some states have a policy that if you are registered OR have ever had to have registered... this is there way of getting you back on the list even if you have been previously removed and for whatever length of time the state you are moving to requires. Basically, you'd be starting over. The biggest issue here with AWA is that while a particular state may not be SORNA compliant and may not require you to register, SORNA seems to require you to register if you've ever been registered at any time and the act of moving across state lines subjects you to Federal jurisdiction.

Your best bet is to contact an attorney, preferably one skilled in laws pertaining to sex offenders, and have him check the laws in your current state, the state you plan to move to, and how this move will be affected on the Federal level with AWA. The last thing you need is to relocate and think you are compliant only to have US Marshals showing up on your door leading you to be charged in Federal court.

eAdvocate said...

Once the registration term runs in state-A then if you move to state-B, the clock (term) starts all over based on state-B laws. I know of no state that has a provision which alows exemption from its registration laws, if a person has completed their term of registration in the state they moved from (state-A in this example).  With that said, I guess it is possible that some state may write that into their laws, but I seriously doubt it.

However, there is another way someone MAY NOT have to register in state-B should they move there from state-A, and it depends on the crime originally committed.  If the crime committed in state-A does not require registration in state-B, then if that person moves to state-B they will not have to register.  Before moving it is wise to speak to a lawyer because laws have a habit of changing like the wind before a storm.

Finally, in either scenario, you are never forever safe from having to register again,  because NO state registry law has a provision which stops its legislature from changing its mind in the future, and making changes then applying them retroactively.  You just have to hope it never happens whereever you decide to live.

Now comes the Adam Walsh Act trickery, assume you have finished your term of registration in state-A, and you now commit a new non sexual crime.  According to AWA you are now required to start registering all over again, based on what the laws say where you are living where you committed the new non sexual crime. 

This is also true if you commit a new sex crime, however, if you commit a new sex crime the registration term will now likely be for life.

For now have a great day and a better tomorrow.
eAdvocate

PS: It is always wise to run what you want to do by a lawyer BEFORE you do it, because as I mentioned above, laws change like the wind before an approaching storm.

Michael said...

Different states have different rules.  In California you would have to register (for life) if you were ever convicted of a crime anywhere for which you would have been required to register in California if you had been convicted in California.

Redeemed1 said...

Thank you for all your replies.  I have been looking at every option under the sun (including overseas) and now have a better idea of what to expect.  I will take all of your advice into account (ie legal counsel) if I ever want to move.  Hopefully, someday people will wake up and this Witchhunt will be over...

Scott said...

I live in Ohio and IMO you are much better off living here than in another state. Not because of the Boydke case but because of the State V Williams decision. The general assembly was going to bypass the separation of powers ruling in Boydke and inact a new law that would of put you back on the registry for 25 years; however, the Williams case has prevented that from happening and you will be safe in Ohio. The moving between states issue seems to be a federal question and will be decided by the SCOTUS....eventually. Wouldn't hold my breath on a favorable ruling though unless a couple of them are replaced before then.

Thomasgtgreen said...

I live in Ohio and I was on the states sex offender registry,they tried to pull this AWA crap on me ... but that's a long story ... I won and they had to release me ... I suggest that you stay  here ... I am ...

Extremely Disgruntled said...

I'd stay if I were you if possible. Williams is still being haggled by the AG over semantics. AG saying applies to conviction date after 1/1/08 when the OSC said specifically: "committed BEFORE" 1/1/08. Now all are waiting for WHO is going to pay for HOW to get back into court to be classified under Megan's Law. And, no one from the Public Defenders office has a pre-fab motion made up. Amy Borror has not returned emails on topic. I guess I have to chase her down again.

Whyworrynow said...

I did what you were talking about- moved from Ohio to another state. Ohio laws and your status in Ohio has 0 effect on the laws of other states- with the exception of 1 or 2 states you will be required to register, often times much more harshly than Ohio requires. STAY IN OHIO.
And overseas? LOL- Good luck with that. You must be pretty young. Stay realistic. in all likelihood you will never be allowed a passport much less save up the tens of thousands it actually costs to make such a move. Stay in Ohio, its actually a pretty good state, especially now since the Ohio Supreme curt seems to be ruling in our favor at every turn.