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This law, however, was repealed January 1, 2017 and will be replaced by new requirements and procedures.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.
11 Comments
Sean, if you now live in Washington, you are subject to their registration laws. You will want to contact a Washington lawyer
by Robert Crow August 22, 2018 at 01:33 PM
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.
by Sean August 20, 2018 at 01:05 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.
by Josh July 30, 2018 at 12:56 AM
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by sex offense lawyers June 13, 2018 at 01:27 PM
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
by Simba June 4, 2018 at 01:57 AM
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?
by Kelly May 9, 2018 at 05:30 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.
by Larry Gordon April 5, 2018 at 07:15 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.
by Erica April 3, 2018 at 08:50 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.
by Katharine March 18, 2018 at 03:06 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.
by Christina February 28, 2018 at 08:46 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
by Mike February 26, 2018 at 03:13 PM
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