NC: Process for adding out of state convictions to state registry is unconstitutional
In an opinion entered earlier this month. A North Carolina District Court Judge found the state’s process for adding people to their sex offender registry who had been convicted out of state, was unconstitutional.
In this case, the plaintiff’s case was out of Washington State. He moved to North Carolina, where he was originally told he did not have to register, but after moving within North Carolina, was told he did. The decision to place someone on the registry is not made by a judge. It’s made by a deputy in the Sheriff’s office.
Plaintiff sued, arguing among other things, his placement on the registry violated his right to due process of law. The Court agreed!
A copy of the court’s decision can be found here: Meredith v. Stein Opinion on Summary Judgment
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My conviction was in Virginia yet I am on the Florida registry….???
read the case. It’s saying there is no process for deciding a charge that doesnt match up and the sheriff didn’t have jurisdiction to make the determination. Other states have said the same thing.
Mine conviction is in Florida and I am on Arizona Registry as well. What the hell? I hoping and praying I get a decent judge. I can’t say Ex post facto in Arizona because there was one in 1951 a state registry. That why I hoping F.A.C, Val and them beat this $hit in court. If I can show the court here in AZ that Fla removed me I sure AZ will remove me as well I even pay to out of state challenge fund. All of you seeing with your own eyes about the out of state challenge in N.C. We need to make some type of donation to it. If you can. Please help fund that as well We see how good FAC doing with this case!!!!
IWell I was convicted in another state and at the time my charge was not even on the registration requirements. Now they amended the law so many times it’s pittiful now they are doing exposto facto well I have been removed from my state I was convicted in but moved to South Carolina now sled from South Carolina told the sheriff from my original state that I would fall under the state that convicted me well that was a lie so I moved from there and came to Florida well I wanted to move back to original state , “ now get this “ I’ve been removed from the registry , but they told me if I came back I would fall under Florida guidelines as a lifetime requirement???? Now how is that all legal let alone constitutional?
Ok, here is the misunderstanding I keep reading about…. When you say you were removed from the registry by your state you are correct, you were removed from having to register… in your state. The national registry is a one-way ticket at this time. Just like Hotel California, “you can check out anytime you like, but you can never leave”. If you were really “off” the registry then Florida, North Carolina or any state would have no way of knowing who you are.
To answer your question…Yes, this nonsense is unconstitutional, and only a small part of what we need to keep fighting against.
Aman-
First of all did you read that my conviction was not a registered offense – so the state I was convicted in removed me but all attorneys tell me that they can’t help me due to the offense occurred in another state well the attorneys in that state say there is nothing they can do due to me being off the registry in that state. If I know the law at all the are saying basically this is a federal problem. But their is NO UNITED STATES WHEN THE ISSUE IS WITH SEX OFFENSE SO WHAT YOU AND I AND EVERYBODY ELSE NEEDS TO DO IS STAND UP AND TAKE THIS TO A FEDERAL COURT AND FIGHT IT ALL THE WAY TO THE WHITE HOUSE IF SO NEEDED. I DONT KNOW ABOUT YOU ALL BUT THIS CRAP HAS COST ME WAY TO MANY JOBS. AND BY THE WAY A MURDER CAN GO AND GET ON A MILITARY BASE. ALSO A ILLEGAL IMMIGRANT CAN DO SO ALSO , but a registered sex offender that hasn’t been in trouble for 20 yrs. can not !
Why is all I ask!
Isn’t this exactly what AWA does? It’s a “ratchet effect” where each step you take in life such as moving from one jurisdiction increases requirements. These laws applied to citizens are not gone through the Judicial system but rather by politicians who sign them into law, or citizens who vote those laws in, bypassing due process. Additionally, citizens can’t be retried for something they already have been punished for.
Someple please correct me if i’m wrong, but if this is an obvious win to take down AWA, why have we not see any lawsuits regarding it? Maybe it’s not an obvious black and white winnable case?
Wow! This judge did not pull any punches against the radical State actors and their stupidity.
And they just keep coming in. I love it.
That’s great! Now let’s hope it stands up on appeal and sets a good precedent.
Great, i don’t see why this could not be the same/used in all states.
how can the law state that if you did something in 1 state than move to another state than you must do this, that, etc… without a judge in that state placing sanctions on you.
Wait, is this as huge as i think it is? I was a federal plea in nyc. If this has actually happened doesnt this mean that there is some relief for us out of state / juristiction rsos that got nailed with floridas requirement? Is this something that someone will jump on?
I was placed on the registry by a corrections officer. The arrest for failure to register was not pursued and case closed the charges dropped before even scheduled. I never saw a judge or d.a.
This is not so huge as to mean someone will not have to register. It merely means that the NC process of determining whether someone has to (or does not have to) register was unconstitutional.
As someone pointed out. The state can change their process (and likely will).
That said; any win is A WIN!
Dear Concerned,
You make a great point, but I’d like to add to it. What about those of us prosecuted in federal courts and ordered by a federal judge at sentencing to register in whatever state jurisdiction we live? Highly unconstitutional because a federal judge is without jurisdiction to make such an order just as a state judge is without jurisdiction to order a state defendant to register federally. But this is being done all over the country. Thanks for your post and to FAC for letting us in on that federal judge’s opinion and order. I wish that was my judge.