Revocation of Requirement to
Register as a Sex Offender
Offenses Committed as a Juvenile
Juveniles who are convicted of sex offenses may petition the juvenile court to relieve them of their duty to register (see juvenile page)
Offenses Committed as an Adult
Any individual who is convicted of a sex offense in Washington State must register as a sex offender. In some circumstances that requirement can be lifted by a Judge. Any petition must be brought in Superior Court. Revocation of the requirement to register as a sex offender is a discretionary motion, meaning the Judge must determine whether the revocation is warranted. In making this determination the Judge will look to a number of factors and decide whether the petitioner is sufficiently rehabilitated to warrant removal from the registry. Making this showing or rehabilitation can be a challenging process because it requires demonstrating to the Judge how your individual circumstances merge to show that you are rehabilitated. Michele has prepared many petitions for relief from registration with excellent results. Michele will review your situation and help you identity the areas to highlight for the Judge and propose remedies for any areas that may be a barrier to having your registration requirement lifted.
Some adults are not eligible to request relief from sex offender registration. If you were convicted of the following offenses you are not eligible to request relief from sex offender registration:
- Anyone determined to be a Sexually Violent Predator.
- Any person convicted as an adult of a sex offense or kidnapping offense that is a class A felony and that was committed with forcible compulsion on or after June 8, 2000.
Adults Convicted in Washington
For individuals convicted of a sex or kidnapping offense in Washington State, the request for relief from the duty to register may be made after 10 years if the person has spent 10 consecutive years in the community without being convicted of a disqualifying offense during that time period.
Adults Convicted of Federal Offenses or Convicted
in a State other than Washington
For individuals convicted of federal sex offenses or convicted of offenses in a state other than Washington, the individual must demonstrate they have spent 15 consecutive years in the community without being convicted of a disqualifying offense.
When an individual does qualify to request relief from the duty to register as a sex offender it is very important to thoroughly prepare a presentation for the court to establish that the relief is warranted. When a Judge is evaluating whether a person should be relieved of the duty to register as a sex offender he or she will determine whether the petitioner demonstrated by clear and convincing evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offender and kidnapping offenders. In making this determination the Judge will look at the following criteria:
- The nature of the registrable offense including the number of victims and the length of the offense history;
- Any subsequent criminal history;
- The petitioner’s compliance with supervision requirements;
- The length of time since the incident occurred;
- Any input from community corrections officers, law enforcement or treatment providers;
- Participation in sex offender treatment;
- Participation in other treatment and rehabilitative programs;
- The offender’s stability in employment and housing;
- The offender’s community and personal support system;
- Any risk assessments or evaluations prepared by a qualified professional;
- Any updated polygraph examination;
- Any input of the victim.