Juvenile Sex Offender Registration—The label that changes lives forever.
Washington is one of the only states in America that require juveniles convicted of sex offenses to register as sex offenders and will prosecute them for failure to register if they do not. People who come to Washington from out of state are often shocked to learn that they or their child are required to register in Washington for offenses committed many years ago in another state. People in state whose children become ensnared in the juvenile justice system are also shocked at the consequences these registration requirements have on their child’s entire life. Failure to register as required under the law can lead to a felony conviction and jail or prison time, as well as extending the requirement that you register for another 10 years. Sex offender registration can follow a child for years, interfering with school, work, relationships and your own sense of self worth. Getting out of that requirement can be the key to a better life.
There is Hope-You can ask the Courts to remove the registration requirement.
There is hope for those who were convicted as juveniles of sex offenses, but they must take steps to petition the court. Washington law says that juveniles who are convicted in juvenile court of sex offenses may petition the Court to have that requirement removed if they have not been “adjudicated of any additional sex offenses or kidnapping offenses during the twenty-four months following the adjudication for the offense giving rise to the duty to register.” In other words, two years after the entry of the disposition order in a juvenile sex offense that person may petition the court to have that requirement removed. Contact a lawyer at our firm today for more information.
What Does the Court Want
The statute that governs the Court’s decision to strike sex offender registration reads, “The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors.” The factors that they Court is looking for are those that demonstrate this person has a successful and stable life and is not at risk to reoffend. Some of the factors that come into play are:
How did they do in sex offender treatment, and did they finish the program? What does their treatment provider say?
How did they do on Probation, and did they receive any sanctions for violations of probation?
Have they found work to support themselves?
Have they pursued their education?
Do they have stable intimate relationships and a history of long-term relationships?
Have they avoided any other trouble with the law?
Have they passed an updated polygraph?
Your Age at the Time of the Offense: the age of the person at the time the offense is committed can affect the way the Court views the request to strike registration. The law imposes a higher burden on older children to prove they should not have to keep registering. For a sex offense or kidnapping offense that was committed while the petitioner was fifteen years of age or older the court can strike the registration requirement only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner is not necessary. For an offense committed when the juvenile was under fifteen years of age they must show by a preponderance of the evidence (probably) that continued registration is not necessary for this person.
What we can do: asking a court to remove a registration requirement must be done right the first time to avoid prejudicing your case or missing an important point. At Rhodes & Meryhew we have extensive experience working with our clients to tell their story in a compelling way and lifting these registration requirements. We will document your success, prepare the pleadings, negotiate with the Prosecutors, Probation, treatment providers and family, and work to demonstrate that your life is a success and that you are not a threat to anyone. We will advocate for you and insure you put your best foot forward. Contact our attorneys today for a free initial consultation so we can help you get your life back on track.
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