Terminating The Sex Offender Registration Requirement
Individuals whose only sex offense was committed as a juvenile may request relief from their duty to register, while individuals convicted or adjudicated of sex offenses other than sexually violent offenses or a single sex crime against a child may also request early relief from their duty to register. These requests require the experienced assistance of a Massachusetts sex offender registry attorney as they are procedurally complicated, reviewed on a case by case basis, and are not automatically granted by the Sex Offender Registry Board.
In order to prevail on a motion for termination, the Sex Offender Registry Board requires that you prove the following:
- 1. You were previously classified as a Level 1, 2, or 3 sex offender and there is no pending judicial review, appeal or Board review of this final classification.
2. It has been at least ten years following your conviction, adjudication or release from all custody or supervision (whichever is later).
3. There are no pending charges against you and you are not presently incarcerated.
4. You have not been determined to be a sexually violent predator.
5. You have not been convicted of two or more sex offenses involving a child, as defined by
M.G.L. c. 6, § 178C, committed on different occasions.
6. You have not been convicted of a sexually violent offense.
7. You have not been convicted of a sex offense involving a child (or you were convicted of a sex offense involving a child and have already been registered for at least ten years)
8. You have not committed a sex offense within ten years following the date of conviction, adjudication or release from custody or supervision, whichever last occurs.
9. New and updated information establishes that you are not likely to pose a danger to the safety of others.
While the Board’s regulations suggest that certain persons are prohibited from seeking the termination of their classification requirement, Massachusetts court cases have held that the Board is required to consider all such applications.
If you are facing a classification proceeding or are already a registered offender who wants assistance in reviewing or challenging his or her classification, or to request further information, please contact Attorney Crouch at (617) 441-5111 or email him to set up a free, initial consultation. To request further information please contact us.