Can I get relief from registering as a sex offender?

| Feb 13, 2017 | Appeals |

A sexual offense crime has several layers of consequences, and one of these consequences is the requirement to register as a sex offender. This can prohibit you from getting a job, a home or even going back to school. Fortunately, for some sex offenses, there are means to get relief from having to register as an offender. In January, new laws went into effect for registration and relief as a sex offender. The first steps toward relief is knowing your classification as a sex offender.

Classifications of sex offenders

The old system of classification relied on a term called “predatory offenders.” The new classification systems is as follows:

  • Level 1 sex offender is the lowest risk of reoffending. A limited range of notification is required.
  • Level 2 sex offender has a moderate risk of reoffending.
  • Level 3 sex offender presents the highest risk of reoffending.

As the classification system replaces the predatory system, only offenders with Level 3 classification will be listed on the website, except with notable exceptions.

Getting relief from registration

Under Oregon law, persons convicted of certain crimes must register in the sex offender registry. If you do not register and are required to do so by law, you could be charged with a Class C Felony and face a maximum sentence of five years in prison and/or a fine of up to $25,000. However, there are laws in Oregon that offer relief from having to register. Level 3 offenders are not eligible for relief from registration.

To get relief from registration, you must meet certain criteria. You must have a Level 1 classification. You cannot apply for relief until at least five years have passed from when the date of supervision of your sex crimes has terminated or when you were discharged from the jurisdiction of the court. As a Level 2 classification, you can only apply for relief after you have been reclassified to a Level 1 offender, and you must wait five years following the date of reclassification. A Level 3 offender who is reclassified as a Level 2 offender may not be reclassified to Level 1, no matter how much time has passed.

The process of reclassification

To get reclassified, you must petition the court. The rules for reclassification as a sex offender are complex and have many requirements and conditions that govern the oversight of the laws. It is not an easy process, but it can be done. You should contact a qualified attorney who can advise you on the best course of action.