Q: Sex offender status question
An individual is convicted of a felony sex crime in a state "A" that does not require sex offender registration for the offense. After completing the sentence set forth by state "A" , the individual is released from all legal restrictions. Due to a job offer, he decides to move to state "B" in which the original offense is considered a crime that requires sex registry. Will the original conviction in state "A" of which the punishment is considered complete but not expunged, require registration on state "B's" sex offender registry?
A:
I’m not licensed in Alabama, but generally, for my clients moving in/out of Arkansas I see issues where state B’s require registration for the same or similar offense. Even if the crime of conviction did not require registration in State A, be very, very careful about what state B will do.
Err on the side of caution and hire an attorney licensed in that state BEFORE you move there. You do not want a felony failure to register just because you interpreted the statute wrong. The money is well-spent.
AL is one of the toughest states on sex offenders. It has a large list of crimes that can occur in State A, and regardless of the duty to register in State A, you are required to register in Alabama. And there is a very short window to do so. Again, hire an AL attorney before you move to AL.
AL’s registration is LIFETIME unless you can show the court, by petition, that you are mentally or physically incapable of being a threat.
If someone is “lucky?” enough to show that
1. If they later resolve the mental/physical issue, they are to re-register.
2. The state can petition for RE-registration if they can show the mental/physical issue that allowed deregistration no longer exists.
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I’m a lawyer. I am not your lawyer. This is my opinion. Hire an AL lawyer
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