Originally posted on narsol.org 11/25/2024.
By Bruce, a.k.a. Atwo Zee, Registered Traveler. . . A recent NARSOL Digest (Oct/Nov 2024) “Legal Corner” article (Page 5) discussed the case of a man who successfully had himself removed from Michigan’s registry, then moved to Alabama. Three years later he was arrested in Alabama on a failure to register felony. Now he asks from his prison cell, how can this be? “I should not be in prison for failure to register because I have no registration obligation.”
The Digest’s answer is on point: “Unfortunately, when you left Michigan, that state no longer controls your plight …” Since many former registrants mistakenly believe there will be no consequences from moving to a new state, this example should be an object lesson that this really can happen to you.
The problem is that state registry laws contain language saying one of two things. Either:
(A) (paraphrasing) If you are required to register in the state where you offended, then you have to register with us if you move to our state, or
(B) (paraphrasing) If you were EVER CONVICTED of a registrable offense in another state, then you have to register with us if you move to our state.
The bad news is option B is by far the larger group–38 states and all five territories. Option A includes only 12 states. Even here there’s no way of knowing how much mischief state and local law enforcement can do to throw roadblocks in the way of exercising your right to travel. You should consult an attorney specializing in registry issues in your destination state.
Within the larger group of 38 states and five territories, it turns out there are subgroups. The two largest are: (a) states which have a stated time period after which a registrant is (supposedly according to statute) AUTOMATICALLY removed, AND this includes out-of-state offenders (16-19 states depending on how you count them), and (b) states which have a stated time period after which a registrant is (supposedly according to statute) allowed to PETITION for removal, AND this includes out-of-state offenders (15-17 states).
In an ideal world, a person who has served the requisite amount of registry time in the state of conviction should be eligible to petition a court in the destination state that he/she has fulfilled the registration period and that there would be no registration obligation. The reality is that this option is not likely to be successful because courts generally do not render advisory opinions. They view such endeavors as a waste of judicial resources when there is no actual ongoing controversy to be resolved. In Option B you have the right to petition after the stated time period, but there’s usually no guarantee. I can only imagine that few of these states would allow you to swoop in at the airport and head for the nearest courthouse to get off their registry. Some laws state a time period for out-of-staters to establish residency before you can apply. Again, consult an attorney specializing in registry issues in your destination state.
If you have been removed from the registry in the state where you offended, you are “free to go”–but ONLY in that state. If you travel out of your state for business or pleasure, you still have to conduct yourself as if you were still on the registry, because unfortunately most states will view you that way.
If you have been removed from the registry in the state where you offended and you choose to move to another state, you will immediately become subject to the registry laws of your destination state, which in most cases means all your previous hard work getting yourself off your home state’s registry will be lost and you’ll be back to square one. Your best option is to stay put, no matter how disgusted you may be with the state where you suffered on the registry for so long.
More information about state SOR laws applying to out of state former and long-term registrants can be found at my website, Atwo Zee, Registered Traveler, https://a2twozee.blogspot.com/ However, for anyone considering a permanent move to another state, any information you find online–including at my site–should only be the starting point for further research in consultation with an attorney specializing in registry issues in your destination state.
I tried looking at the list and could not figure out which are the 13 states that allow you not to register if you have been removed from your state. Is it possible to just reply with the 13 states. Thanks
I have a distain for the double standard of if you get a conviction in a state court you are placed on a registry that applies nationwide but if you get removed from the registry it is NOT applied nationwide but state by state. That is WRONG!
The second issue is many of those on the registry seem to think they are powerless victims and civilians. Not true, if you are on or have ever been on the SOR you and your family are no longer civilians you are soldiers. Until that truth sink in progress will be hard and slow in coming!
I’ve read through this travel blog and found it to be very interesting. Question: Do blogs like this have to be registered?
Just to be on the safe side I have registered my blog web address with my local sheriff’s department. I don’t want those jokers questioning anything I do.
Not sure it would make a difference but our Florida Governor, Ron Desantis may be leaving office very soon if the stars align for him. Trump is considering him for a position to fill because of some of his other picks flaked out under scrutiny.
And who would take over in his place, better, worse or the same.
https://www.msn.com/en-us/news/politics/a-desantis-departure-for-trump-s-cabinet-would-scramble-top-of-florida-government/ar-AA1vgTn0?ocid=msedgdhp&pc=LCTS&cvid=30b821902faf4a2c9a0fea10cd39bbed&ei=32
Found another article and this one for sure is a 100% guaranteed way to get rid of Desantis. Found this article and sharing this tib bit.
“DeSantis, who was re-elected in a landslide in 2022 but is term-limited and cannot run for re-election in 2026”.
So either way, we get rid of him in the next year or so. Of course that does not mean our next Governor will be any better/gentler on our cause.
I’m not sure i would trust just any attorney in the state I travel to.
Are there resources available online somewhere to find a qualified attorney with knowledge of this specific issue to avoid a mistake that can land u in jail?
That’s why I specifically say in my post, “consult an attorney specializing in registry issues.”
NARSOL maintains a rudimentary contact list but not online of course. You’d have to send a message to their contact us page and see if they answer. Another option is to ask NARSOL for contact info on state affiliates. They would have better info on local attorneys.
I have often wondered how Mike Tyson seemingly travels back and forth from Florida and California where he owns homes and has a conviction for rape. He was recently staying in Texas for his fight against Jake Paul. I can’t find Tyson on either the Cali registry nor Texas even though he is definitely on Florida’s. How does Tyson seemingly evade registry obligations in other states given his requirements in Florida?
Michael Gerard Tyson is on the registry in Florida and Nevada.
If you google “mike tyson sex offender registry texas” you will find multiple stories from 2002 when he was in Texas training for a fight and fulfilled his registry requirements then.
Perhaps he is off the Texas registry now, and perhaps he is off now but wasn’t in Texas long enough to trigger having to re-register for the “boxing” match. I think that he would have to register in Texas only if he were there for more than 7 days. Whatever the case, he is probably the most famous of all registered sex offenders.
Ok so Mr Tyson could be the face of the movement to abolish the registry? That would be fine. Huge donations come flooding in to hire top level talent. Top level attorneys, researchers etc…that would be the way to go. Anyone agree? Thoughts?
@P
If Mike Tyson (A multi0millionaire) cannot get off the registry, how do we expect to? That just shows it is not how much money you have but what judge you go before.
Shamefully, Florida still keeps deceased registered people on the registry for life, unless their family pays a good lawyer to get them removed.
I did notice tho, that those who died and are still on the registry, they took down the address at least so the people living there do not have to be harassed anymore. (They do keep the zip code on the page)
If the family pays a lawyer, they can get the entire page for the deceased offender down. (We all know it should be automatic) and keeping those pages up for deceased shows the lengths the state goes to punish families even after death.
I’m grabbing at straws. Hell I’m even becoming delusional. Some days I read these comments and think maybe just maybe I can feel normal again. But it’s just not so. The pressure of the side effects of long term exposure to the sex registry.. I’m quite positive I have PTSD. Near 29 years later I‘ve been given a new registration designation. Ignorant fool for moving to Florida. I can’t believe I’m in this position all over again. This is not good leadership and legislation.
In my non-lawyer opinion, I don’t believe Mike Tyson qualifies for 20/25 year removal in Florida because he has an out-of-state conviction for an offense that is equivalent to sexual battery in Florida, which is on the list of disqualifying offenses. The only way he would ever get off the registry in Florida while still being alive is a pardon from the governor of Indiana for his underlying rape conviction in that jurisdiction. Also, under Federal SORNA he is a Tier III offender, which is for life with no possibility for removal in federal court. So even if he ends up getting off of a state’s registry, he will have an “independent federal duty to register” when crossing state lines depending on how long he will be absent from his habitual place of residence.
Sear Mig, that’s good insight. But, how does he “abide” or “lodge” or “reside” in other states without violating Florida laws?
Lawrence Taylor… lets not forget him. Yes that LT from football fame….