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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I must have missed it, but would hope someone here could help: How did he get from not having to register to being told he had to register after he moved, e.g. did someone look him up online and report him, did he get pulled over by a smokey, etc? I suppose it is in the original case filing, but I am not seeing the connection and it appears to me that is quite a leap for one county smokey to say no and another say yes without saying how it was brought to the second county’s attention and determination.
My understanding was that a sheriffs office representative determined that he wasn’t required to register, then some time later another agent of the same sheriffs office determined that he was required to register, reversing their previous determination. The second determination was made by finding the plaintiff on a federal register of federally mandated registrants and determining that he lived in the community and should be required to register.
I don’t see anything here to get excited about. The Court outlines what the state has to do in order to make adding registrants from other states to North Carolina’s registry: offer them prior notice and an opportunity to be heard. Their state legislature can craft a simple act to accomplish that. The ruling did NOT exclude Mr. Meredith from being placed on the registry once the state fixes their procedure. Since they had already removed him from the registry, it might have been better for him if he had never pursued the case in federal court.
@ Gerald,
I could be wrong, but the injunction states that current LE can’t try to force him to register under current law. Granted, NC could in theory rewrite the applicable law and try to make it retroactive, but that comes back to the ex post facto thing that’s already lost in a lot of other cases.
That is the key problem with the ruling, Dustin. The Court actually told the state that there is nothing to prevent them from rewriting the law to provide a proper procedure for adding people, including Mr. Meredith, to the state’s registry. Violation of ex post facto bans is a way to challenge such actions, but more often than not, appellate courts have ruled that ex post facto doesn’t apply to sex offender registries. Unless the Supreme Court ever issues a new ruling that retroactive actions by the state are unconstitutional in regards to sex offender registries, most appellate courts are going to rule against the registrants. It’s not just a theory that North Carolina could rewrite the law. This decision tells them to do it if they want to keep adding such people to their registry.
Man, I miss the old days (prior to my conviction) where I can travel and move where I like and its nobody’s business. * sigh* I’m so glad cases are stacking up in our favor and hopefully we can go back to living a normal life sooner than later.
Woah.. so if you move to this state is there a way to not be placed on the registery if your conviction was out of state. Is this individual removed from the national registry as well?
Is there a time limit being on the national registry.?
and if there is what is it. I don’t know. what I am getting at is
if you are removed from it. than could that apply to moving
to another state and not registering in that new state.
I’m just picking at straws.
Very Nice!!! Let hope it stands I got two more years for my 10 year mark and being out of state too.