Relief from sex offender registration? A September 2018 update regarding the new sex offender registration laws.

A major concern for clients convicted of “sex crimes” is the requirement that they register as sex offenders. Oregon law requires a person convicted of certain crimes to register as a sex offender. Failing to report, as required by law, is a Class C Felony and carries a maximum sentence of 5 years of prison and/or a fine of up to $125,000.

Relief From Sex Offender Registration

All hope is not lost when ordered to register as a sex offender. Oregon law does allow a person convicted of a sex crime to get relief from registering as a sex offender. Currently, the relief from registration law allows relief from registration if:

1 At least 10 years have passed since the person was terminated from supervision on probation, conditional release, parole, or post-prison supervision
2 The person has only one conviction for a sex crime
3 The sex crime was a misdemeanor or Class C Felony, or if committed in another jurisdiction, would have been a misdemeanor or Class C Felony if committed in this state
4 The person has not been determined to be a predatory sex offender

This law, however, was repealed January 1, 2017 and will be replaced by new requirements and procedures. The new law potentially will allow a broader range of convicted sex offenders to gain relief from the requirement they register as a sex offender. The new law will rely upon a classification system of sex offenders based upon a risk assessment tool consisting of 3 levels of sex offenders:

1 A level one sex offender who presents the lowest risk of reoffending and requires a limited range of notification
2 A level two sex offender who presents a moderate risk of reoffending and requires a moderate range of notification
3 A level three sex offender who presents the highest risk of reoffending and requires the widest range of notification

It is this classification system that then will help determine if, and when, a sex offender is eligible to get relief from registration. 

However, certain crimes (including Rape 1, Sodomy 1, Unlawful Sexual Penetration 1, Kidnapping 1 when the victim is under 18, or Burglary 1 when committed with the intent to sex crimes listed in 181.805(5)(a)) require a Level 3 classification. A person classified as Level 3 will not be eligible for relief from registration.

In order to get relief from registration, a person must meet certain criteria:

1 If classified as a Level 1 offender, the person may a petition for relief from registration no sooner than 5 years after the date supervision for the sex crimes is terminated. Or, if the person was not subject to supervision for the sex crime, 5 years after the date the person was discharged from the jurisdiction of the court; OR
2 A person reclassified from a Level 2 sex offender to Level 1 may file the petition no sooner than 5 years after the after the date of reclassification.

Thus, if a person initially was classified as Level 1, the waiting period to petition for relief from registration is 5 years from the date supervision/jurisdiction of the court expired. If a person initially was classified as Level 2, the waiting period to petition for relief from registration is a minimum of 10 years from the date supervision/jurisdiction of the court expired.

Reclassification is the process in which a sex offender can petition the court to be reclassified from a Level 3 offender to a Level 3 offender or to be reclassified from a Level 2 offender to a Level 1 offender.

1 If classified as a Level 3 offender, the person may a petition for reclassification to a Level 2 offender. This petition may be filed no sooner than 10 years after the date supervision terminated or, if the person was not subject to supervision for the sex crime, 10 years after the date the person was discharged from the jurisdiction of the court.
2 If classified as a Level 2 offender, the person may a petition for reclassification to a Level 1 offender. This petition may be filed no sooner than 10 years after the date supervision terminated or, if the person was not subject to supervision for the sex crime, 10 years after the date the person was discharged from the jurisdiction of the court.
3 A person who previously was reclassified from Level 3 to Level 2 may not be granted reclassification to Level 1

There are several other requirements and conditions that might prevent a person from getting reclassified or being eligible for relief from registration.

The new law, ORS 163A.110, establishes the procedure the Board of Parole and Post-Prison Supervision will follow in order to classify registrants. Currently there are over 28,000 Oregonians registering as sex offenders. ORS 163A.110 instructs the Board to classify current registrants no later than December 1, 2018. No later than February 1, 2019, the Department of State Police shall enter the results ofthe classification into the Law Enforcement Data System. I consulted with a member of the Board of Parole and Post-Prison Supervision at the beginning of February 2018 and he informed me, based upon the timeline laid out above, the Board plans to begin accepting petitions for relief from registration on or soon after December 1, 2018 and to start holding relief from registration hearing by February 2019.

September 12, 2018 Update: I spoke with Board of Parole and Post-Prison Supervision today regarding what people currently registering need to do to get relief. The Board is still working on figuring out the best way to make sure everyone either gets classified or re-classified. This is a process that is taking time and is proving complicated. For people who have previously been classified based upon the Static 99 test, the Board will review that and criminal histories since the classification to determine if a reclassification is needed. If a person has not been classified at all, they will need to do so prior to applying for relief under the new law. The Board instructed me the best way for a person to check on their status will be to check to Board's website around mid-November to be able to check in to their status. You can visit the Board and Sex Offender Assessments website and contact to access more information and updates from the Board as well as their contact information. 

The law on Sex Offender Registration and Relief from Registration is very complicated and someone seeking reclassification or relief from registration should contact a qualified Oregon attorney.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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Mike 02/26/2018 03:13 PM
Having something like this to carry for life is difficult im from California and have been a registered sex offender for 26 years now I believe and I would be difficult if it was a crime that actually happened but there was no crime and no victim but I was arrested for attempting to molest am imaginary child and I plea bargained it because I was led to believe if I didn't I would go to prison where I would be killed and not knowing the laws I believed what I was told so I got probation told I would have to register which I felt wouldn't be that bad cause I was told I would never be on any website well so much for their side of the plea bargain and since I don't have an extra $10000 or $15000 laying around to where an attorney could get me off of it I have had to carry it all these years. I carry my court papers with me for when I am challenged to show people there was no victim most of the time it helps sometimes it doesn't because there are those who just like to start trouble they figure with their limited intellect that it must have had happened if I was arrested even though I did no time whatever for it, so I have been looking for a state where I might be able to get some kind of relief for this Injustice.. When all this started Calif was arresting people like me for crimes with no victims just im guessing for whatever reason to keep us under their thumb.. Anyway a friend told me Oregon might be the place to go to get a fair shake so im planning on moving there in the next few months.... Thanks for letting me comment
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Christina 02/28/2018 08:46 PM
Something needs to change. Alot of people are being classified as level 3s and/or predatory when they ought not be level 3 nor considered predatory. This ruins a person's life. One person I know was charged and convicted of contributing sex to a minor when he was 18 but was with his girlfriend since age 17 and the female was 14 going on 15 having his child. Her parents let him live with her in their home also. They busted him at the hospital during delivery. Now he has to register for life as a level 3. Another person I know was charged and convicted of attempt to rape on his wife (now ex wife whom still wants him back) because she was one of those vengeful females out to get him. He served time and got off parole but was sent back to prison for an entirely different crime of assault and is having to be treated the same as he did when he was parole for the false allegations of attempted rape. His now ex wife whom charged him up wants him back and tried to tell the courts the attempt to rape never happened but our justice system won't listen. I've known both these guys. Needless to say he doesn't want that drama mama back anyway but he still has to register and this has destroyed his life making everything VERY complicated. No one rents out housing to sex offenders unless it's a slum lord and who wants to live in that when you want to stay away from trouble? Ive known both these guys that are registered ALL MY LIFE AND THEY ARE NOT PREDATORS. You people seriously need to revamp your system. It's not fair to these people. It's completely rediculous to destroy these people's lives when they are not predators and women need to be charged for false allegations. PERIOD.
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Katharine 03/18/2018 03:06 PM
This is a step in the right direction. I don't know why the public looks at all "sex offenders" the same. The cases vary drastically and in this day and age all it takes is an accusation to ruin your career and your life. We need to let people have the right to work, study and live their lives. For example, if a 22 year old has consensual sex with a 17 year old why should his life be over--forever??? It is horrible. People make bad judgments. The truth is if everyone who had sex with someone under 18 was convicted it might be at least half the population on the registry or more. The government needs to look at the individual cases and help people so they can work and be good citizens.
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Erica 04/03/2018 08:50 PM
I agree totally!! The laws need to be changed as things have changed drastically over the years, especially with technology. I am a mother of a son who is in prison for 20 years and he was only 21 when he was sent there a year ago. He received pictures from girls who were 13 to 15 years old. These photos were taken by the girls their selves, they were not forced, or anything. Yes he is over the legal age, but mentally hes younger as he suffers from a mental illness. His friends were always younger then him growing up, his best friend today is only 16 now. Yes, he did wrong, but what about the girls? Why are they not held accountable for their actions too? I don't understand the laws, and his attorney we hired, he pretty much just took our money and talked my son into a plea deal. I just don't understand how they can take away someones life for that many years and require them to register as a sex offender.
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Larry Gordon 04/05/2018 07:15 PM
I have been dealing with registering as a sex offender now for 35 years. I got myself in a jam for a shoplifting charge that put me back in the system as like ì was on parole as a sex offender 35 years ago. In jail i tried to tell the staff i was arrested for shoplifting, and that the sexual charge was over 35 years ago. They treated me like ì was like some child molester and put me with all those kinds of people. My so called victim was a adult, and at the time ì didn't know she was married, So what happened was the husband took her back in his life, if she said that i Tried to have her give me a B J. Nice of them to say TRYED, and not RAPE. I was convicted of attempted Oral copulation. And I been dealing with registering now for 35 years. I have never had another charge like that ever. I want to l leave California and move North because California law sucks. Thinking about Washington, but this hole thing scares the hell out of me and ì don't believe ì deserve this after all this time. I did time (wrongly) payed my so called dues, and everyday is a struggle with this kind of tail. I don't have the kind of money lawyers want to make this right, and because of this i stay single because ì am to embarrassed to date women and tell this story over and over again. It SUCKS. I want to move to Washington but I am really scared of facing a new police department for registration, and then it starts all over again with neighbors knowing. I am not holding my breath as to this new law to come into play. I'm not a kid toucher, nor am ì a rapest, but when people find out you are a registered sex offender, the first thing in there mind is you like to hurt children. !! F▪▪k !!, or your some kind of Deviant. I wish there is someone out there to help me. I am a good person and ì have been told ì am a good looking man. I feel like life is just passing me by. If God is reading this please help me.
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Kelly 05/09/2018 05:30 PM
We are in Nevada where my Son will have to register. We have moved to Idaho so when he gets out hopefully he is approved to come here. His case is still a difficult one as what occurred should have been a gross misdemeanor at best but small town BS they gave him 12-36 months and 5 years probation then three weeks later the Judge revised the sentence and said he decided that was not enough so he was changing it to 20-50 months and lifetime supervision! So now we wait for the Supreme Court to decide if they violated his Civil Rights! So meanwhile we are trying to decide if Idaho id the place to be for a SO?
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Simba 06/04/2018 01:57 AM
i 17 when i got charged 2nd degree sexual assult of a child i got 8 years sentence and got to register for life the girl was 15 and in court I latterly showed prove via text Jesse and Facebook messages of her saying if I broke up with her she would go to police and say I raped her I even had prove it was consensual we were dating and we broke up and sure enough a year later I turn 18 and went to prison its rediulous cause I. Wisconsin noons likes sexoffender so I struggle to get living and job arrangements now for the rest of my life
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Josh 07/30/2018 12:56 AM
I committed a sex offense in Washington state which is one of the states that practices Civil Comittment. So as you can imagine the laws regarding sex offenses are particularly harsh. I was convicted at 19 years old and sentenced to 72 months in prison with a lifetime cap. I completed all the therapy programs in prison and in the community and have been classified as a level 1. However this lifetime cap is going to follow me for the rest of my life. Since my probation never ends there is no five years after it’s over where I can appeal to the courts to be removed from the registry. It’s been ten years since my conviction and four since my realease and I see no end in sight. I live in Vancouver Washington and I know the laws in Oregon are more relaxed but I don’t know if I can benefit from them. My lifetime “parole” would transfer over to Oregon right? I’ve searched online and I can’t get any advice or information. Any response would help.
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Sean 08/20/2018 01:05 AM
okay so i am off probation and moved to vancouver washinton, i did all the registering and i have only been here for 2 weeks , now let me remind you all i am no longer on probation, just the other day an policed officer came to my door asking if this was me and making sure my address was right, he then informed me that they do address checks every 3 months, i have read all the rules and law in the SOR unit/sex offender unit and nothing comes up saying they check your address every 3 months, now i understand if a person is still on probation yes , but the SOR Unit knows i am off probation, i think in a way the police department is trying to push power, anyone have any thoughts on this or what should i do.
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Robert Crow 08/22/2018 01:33 PM
Sean, if you now live in Washington, you are subject to their registration laws. You will want to contact a Washington lawyer
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Gerald Lee Caskey 09/24/2018 01:44 PM
I am having problems with getting a place to live because i am a sex offender and i live in Newport Oregon and homeless any advice would be appreciated thank you
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Alma Flores 10/08/2018 08:52 PM
You men really must be careful out there, long story short my son was invited bye some neighbor to go drink somewhere else next thing I hear my son is being accused of molesting a child, my son says he saw this guy touch that young lady, and he was the only one arrested out of the crowd nobody else.
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Sylvia 10/13/2019 04:00 PM
I have a friend that was convicted of a sex crime. He is ashamed and regretful for his part in the decision of having relations with an underage teen, eventhough the teen was promiscuous and my friend had not been the only person she had had relations with other people that were older than her. It was a consensual relationship. My friend makes know excuses he says it was the mistake of his life and just wants to finish his sentence and regain his freedom to live in peace and leave the past behind. The laws need to change. If it was a non violent crime and a mistake was made once in his life, a man should not continue to suffer after he has paid his debt to society. Let these individuals a second chance to redeem themselves! Let's make a difference! We are not God to punish someone that has not committed a violent crime! People are too quick to punish in a cruel way and a hypocritical way. We are hear to help each other , not tear each other down!
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Todd N. Hanisch 01/13/2020 06:48 PM
Does anyone know if there is any way at all to get off of Oregon Sex Offender Registration sooner than 5 years?
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Patton 01/14/2020 05:28 AM
JEEZ... I was a Drug enforcement officer. Kicked out my wife after she left my three daughters 37 months, 24 and three month infant for at least 18 hours to fend for themselves. Infant covered head to toe in her own feces. I get several restraining orders, take her from the lease... repossess the family car. She cons me into letting her visit the girls months later. She has been talking to city cops acting the victim role. He tells her to add teen porn and give him a call. Mind you.. I had ZERO computer knowledge at all. She.. college techie. adds porn then deleted it. The cop said it just needs to be on it so they can find it later on. HOW DO YOU GET YOUR KIDS FROM A COP... LESSON ONE.. Not one jerkoff asked me the story of what was truly going on. They took her side and she had full custody in less than five minutes of calling them after I got home one day. She's had COS called on her for FTT failure to thrive, endangering minors with meth, I can go on and on. She even poisoned me prior to talking to city police in regards to a babysitter who I was told was harming my kids.. turned of it was her the whole time.. That takes balls tho to poison a person going in to talk to detectives. Anyhow after my trial I wasn't aloud to testify on my behalf. She called me to brag on how she did it all. How she was told to put nudes on the family PC and how she hide them from police can easily find them. I even got charged for pics of my then 23 year old wife taken on our camera. But they took her word that she was underage. despite the camera date the prosecution State Police happily changed prior to my trial bragging how it didn't match his testimony. No clue who he was tho. There are days I just want to off myself. Actually it's been pretty much every dam day. And the complete and utter useless attempt to protect my kids. Well all three have been brutally raped by step daddy. and his best friends and of course she knew about it. and I can guarantee she also was partaking in it. PLUS... I was dating a woman and I'm pretty sure it was just a trist at best. I get pulled over and this but trooper kept luring me away from his dash cam... walking me further away from both his cruiser and my minivan, him between the camera and strobes and facing me. Yes he was going to shoot me. Thee only thing that saved my life was I told him. How do you get kids from a cop???? I broke his train of thought from murdering me. He hesitated and said What? kind of confused. And I told him a brief summary of my charges and situation. I had my kids and a restraining order on my wife for leaving my kids and possibly abuse and other horrible things. How was she going to get the kids from me.? a sex crime accusation TRUMPS ALL..... and she got them within moments of a call
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prophet raymond eli 09/29/2020 12:20 PM
i am a muslim,jew,christian and i have been ordained since 1996 and i also ordained by 11 churches online and i am looking at prostate cancer for my future and i would like to die a free man before that day does come.
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Bob 09/05/2021 11:02 PM
I really believe with everything I have seen and read case wise , that relief from registry is a false carrot , that is only deployed to circumvent due process , and by structure extend time time and severity of said punishment. The Internet can call up billions of pieces of information yet you cannot find one person anywhere that has permanently achieved registry removal.
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James 12/01/2021 03:38 PM
This blog is very old but I have to say in passing that I agree with Bob. After study of the new Oregon state process for the evaluation of registered sex offenders I am appalled. While their can be little sympathy for these folks , I have to say the structure of laws basically is devoid of all Americanism and Human/ Constitutional rights. First ,the laws deny the individual their rights under the Oregon State and Federal Constitution. There is nothing just here. Second a person who has been on the registry for their 10 year requirement , must without their consent subject themselves to a process that will not account for time served and in fact the law is devoid of that requirement and the petitioner is not allowed to petition unless that accept that the state “ may” increase their status and thereby increase the punitive damages cause by it. Three , if you don’t agree to the previous terms you will automatically be elevated to the highest threat leaves possible , and then you get to spend your days waiting for a vigilante murder attempt. This is sting as law today almost 5 calendar years later , proof positive that any talk about fairness and impartiality is just that lip service.
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Dls 07/14/2022 02:10 PM
My friend was on post prison when the law was made in 1989 he was not informed of registering in 2018 he was told to sign up the state police didn't know why now in 2022 he's facing a felony
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