Petitions to Terminate Sex Offender Registration

Under G.S. 14-208.12A, registered sex offenders who are not required to register for life can petition the superior court to terminate the registration requirement after 10 years. (The requirement to petition for deregistration came into being in 2006; before then, 10-year registrations terminated automatically after the requisite time had passed.) North Carolina’s sex offender registry has been around since 1996, so it’s not surprising-a little over a decade later-that these petitions are starting to come before the court more frequently. Unfortunately, the statute setting out the conditions under which the court may grant relief raises a number of difficult questions. One of the most difficult questions involves G.S. 14-208.12A(a1)(2), which prohibits a court from removing someone from the registry unless “[t]he requested relief complies with the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to the termination of a registration requirement or required to be met as a condition for the receipt of federal funds by the State . . . .”

What does that mean?

For over a decade, our state law on sex offender registration has flowed from federal mandates-states must enact laws that meet federal standards or lose certain grant funds. The Jacob Wetterling Act (1994) was the initial federal legislation that established minimum standards for states to register sex offenders. It has since been amended by Megan’s Law (1996), the Pam Lychner Act (1996), the Jacob Wetterling Improvements Act (1997), and, most recently, by the Adam Walsh Act (2006). Title I of the Adam Walsh Act, called the Sex Offender Registration and Notification Act, or SORNA, enacted a new and more stringent set of standards for sex offender registration. The act requires states to substantially implement these new standards by July 27, 2009, with up to two one-year extensions, or lose 10% of Byrne Justice Assistance Grant funds.

So what is G.S. 14-208.12A(a1)(2) really saying? I read it to mean that a court cannot allow someone off the registry if doing so would be contrary to the federal standards set out in SORNA-regardless of whether the General Assembly adopts them or not. There is an argument that this sort of blanket adoption by a state statute of prospective federal legislation, or of federal administrative rules yet to be adopted, is an unconstitutional delegation of state legislative power. See, e.g., Hutchins v. Mayo, 197 So. 495 (Fla. 1940) (holding that a state statute providing that fruit should be graded according to standards “as now fixed by the [USDA], or as standards may hereinafter be modified or changed,” unlawfully delegated state legislative power to a federal agency). But assuming they apply now, how do these federal mandates affect petitions to terminate registration?

Among other requirements, SORNA establishes a three-tier schedule of offense classification, with new minimum registration periods for each tier. For tier 1 offenses, the required registration period is 15 years (reducible to 10 years in some cases, described below); for tier 2 offenses, the period is 25 years; and for tier 3 offenses, the period is life. Because North Carolina will eventually need to adopt these new minimum periods to continue to receive federal funds, a court arguably ought, under G.S. 14-208.12A(a1)(2), to refuse to terminate registration for offenders who have not been registered for the amount of time that would be required under a SORNA-compliant regime.

The registration period for tier I offenses can be reduced from 15 to 10 years if the offender has a “clean record” during his or her period of registration, as that term is defined in 42 U.S.C. 16915(b)(1) and U.S. Department of Justice regulations, available here. Under this interpretation of G.S. 14-208.12A(a1)(2), only tier I offenses committed by offenders who satisfy the clean record rules are eligible to petition after 10 years as envisioned by G.S. 14-208.12A.

Which offenses would be tier I offenses? I can’t say for sure, as there is not a perfect overlap between our laws and the language and definitions used in federal law. My best guess is as follows:

  • Sexual Battery (14-27.5A)
  • Subjecting a Person to Sexual Servitude (14-43.13)
  • Incest between Near Relatives (14-178) (if the victim was not a minor)
  • Felony Indecent Exposure (14-190.9(a1)
  • Third Degree Sexual Exploitation of Minor (14-190.17A)
  • Peeping offenses (14-202)
  • Indecent Liberties with Children (14-202.1) (unless the crime involved “sexual contact,” defined as any sexual touching of or contact with the intimate parts of the body, either directly or through the clothing)

A person registering based on any other crime has to register for at least 25 years before being eligible to petition for termination under this interpretation of G.S. 14-208.12A(a1)(2).

All of that being said, on April 10, 2009, North Carolina applied to the U.S. Department of Justice for a one-year extension to comply with SORNA, which DOJ granted. Arguably, then, SORNA requirements are not yet “required to be met as a condition for the receipt of federal funds,” meaning consideration of the second prong of the test can, perhaps, be deferred until 2010 (or maybe 2011 if we apply for and are granted another one-year extension). Legislation proposed this session (H 1317) would bring North Carolina closer to SORNA compliance, but not all the way-the bill does not address retroactivity or juveniles.

Questions? Thoughts? Is the 15-year floor already being applied in some places? As always, I’d love to hear from you.

122 comments on “Petitions to Terminate Sex Offender Registration

  1. Prior to passing HB 1317 over to the Senate, the NC House removed the tier provisions. So, its not quite the SORNA compliance bill that it was at the time of filing.

  2. Bureaucrat: Thank you for the update. Looks like the new version makes a number of other changes as well. It’s available here: http://www.ncga.state.nc.us/Sessions/2009/Bills/House/HTML/H1317v2.html

    • Jamie,

      My brother is dealing with a similar situation. I’m back in school at Guilford College studying Criminal Justice and Political Science to learn all about this corrupt system. My criminal justice teacher said on the first day that the system is one set of crooks telling another set of crooks telling everyone else what to do.
      This I’m realizing is true. I need all the information that I can learn about the law. My ultimate goal is to be a student at UNC School of Law, and work with the innocence project. I want and need to free my innocent brother, and others like him. Any and all help that I can get with my favorite university would be greatly appreciated.
      Thank you for doing this. Thank you for your time on this matter and I look forward to your response.
      Go Heels!
      Darla Lee

      • Imagine this: you’re at a birthday party, you plop yourself down on a couch between your two children and you end up a little off balance. You put your left arm around your son and your right arm around your daughter. The outside of your right thumb slightly brushes the outside of your 9 year old daughter’s non-existent breast. Your in-laws decide to prosecute you for child molestation since their daughter won’t divorce you. The jury finds you “not guilty” and the judge sets aside the verdict and states: “Where there’s smoke, there’s fire” and finds you guilty of “Indecent liberties with a minor with sexual contact” so now you are required to be registered for life.

        I’m married to this man and see the day to day struggles he goes through with people judging him for something he didn’t do. He’s attempted suicide 3 times in the last 18 months. Even law enforcement is in on it. A local sheriff’s deputy contacted our landlord and told him my husband was a registered sex offender and we were evicted. Sheriff’s inside investigation “found no misconduct or irregularities.” We’ve had our house broken into and been robbed and knew who the people were and the local deputies allowed them to leave the state with our belongings and the DA refused to prosecute. We’ve had our truck stolen and local deputies have traffic and ATM camera shots (a deputy showed them to me the day we testified to the grand jury) of the person driving our truck and the DA won’t prosecute.

        I appreciate this forum to vent. I realize we’re in a helpless situation and I’m certain we’re not the only ones. I do not feel this is right or fair, however. Perhaps someday things will get more fair/equitable but as long as you have the “label” society will treat you like you’re subhuman no matter the circumstances.

  3. IF A SEX OFFENDER IS BEING LIVING A COMMUINTY SINCE HE FIRST RES AND NEW LAW AFTER HIS CHARGE AND NO PROBLY WITH KID AND CHILDER IN AREA WHY SHOULD HE BE FORCE TO MOVE WHEN HE OR SHE DOIES NOT FIT THE CLASS OF A MOLESTES AND HAD VUNTLERY SEX WITH A MINOR

  4. The main part no one is talking about is how unconstitutional this adapture is. The government can NOT worsen the punishment after conviction. The offenders constitutional rights are totally being ignored. Afterall, who is going to stand up for a sex offender. Imagine next…If you were convicted of a violent crime and finished your punishment 5 years ago, the government can now come after you and say “From now on you can’t go into convenience stores, pawn shops, banks, etc. If you do, you will be charged and sent to prison for 2 years.” This is bullshit.

  5. @Carl Franks: unfortunately, the SCOTUS has ruled (erroneously) that sex offender registration is to be considered a “regulatory” action, not a “punitive” action. This clever reassignment of what is clearly a de facto punishment into a “regulatory measure” is the thin thread that allows sex offender registries to exist, and for the registration terms to change at any time to any terms the State wishes to change them to. It is certainly unconstitutional to have these registries at all, and I personally believe that the judges who are responsible for this glaringly obvious workaround ruling should be put in jail for ruining countless lives with their intentionally wrongful and dangerous ruling, but that’s a topic for some other day. The bottom line is that until it is declared to be punishment, it is legally considered to be constitutional. I for one do not understand how any measure by the government can legally sidestep the Constitution like this, as I have never seen a distinction between regulatory and punitive actions in the Constitution itself. The sex offender registration happens solely because of conviction, therefore it is part of the punishment for that conviction. Punishments are often regulatory in nature, yes, but it’s still a punishment.

    • The current administration is backdooring the Constitution every chance they get. So, if the federal government can do that, then sadly the states can do that as well. All of it makes me sick thinking about it. The power of the people can and does work.
      I’m back in school due to my brother being in prison for statutory rape that he didn’t do. I’m now studying criminal justice and political science to learn how to change these laws. Any suggestions that you have, please let me know.

  6. I am saddened by the way our government is no only destroying the life of the offenders but the victims also.they keep reminding both of the past.if the offenders are so bad then why does the sentence show it ? and there are so many victims that want to tell the truth now but there is a no contact rule at all or the family’s. the reg should not have ever started . the people that are making the rules are cowards them self. they have a very low self esteem.there power comes from causing others pain.if i had a child that had been raped i would want them to go on with there life. the chances of a person re offending is very good because of the reg yes because of the reg.if these people cant find work there is a lot of time on there hands.as with anyone on any crime.just being a felon causes people to do crime because they cant all find jobs.we need to help people change for the better.give them hope.

  7. What about situations under a first offender/pre-trial intervention in which the offender had adjudication withheld and has successfully completed the terms of supervision?

    • I don’t know for sure on that. I can’t find anyone on the record that has been removed from the NC reg. I don’t know for sure ? I have looked and can’t find anyone removed from NC reg. I can not stress enuff ,Do not hire a Attorney in less he can give you a case number and name of who was removed, And if it was something like your Case. Do as much research as possible. If you find anyone that has been remove please post it.
      I know it is very frustrating for people to be told by the law that they can be removed if this or that but that is not the case in NC.
      There is a Attorney in KY that will come to NC and help people with this but it cost
      If you knew of someone that had Money he would come and force the states hand. On the Law. That would allow for some people to come off now, and be allowed to go on with there life as it should be. Look up the laws in KY to see what I am talking about. I wish you the very best in life and I hope you and others can put all this behind and have a life. Givein the chance I would face a Jury and never take a plea at all no matter how many years I was facing. To be on the reg there is no life,job,help,respect,truth. Pleas are not a option for anyone for anything. Best to you

      • UP DATE
        I found a Attorney that cares about all people and that does not Judge anyone. ( The Attorney’s name is ) ( John Painter ) his Office is in Monroe NC. I can say that if John tells you something He will keep his Word and will not break it. If he can help you he will take your case. If he thinks he can not he won’t . If I needed a attorney I would use Mr Painter. I can say first hand .
        Voted Best Attorney in union co NC (. JOHN PAINTER ATTORNEY AT LAW )

        Life can get better,never give up. Do the right thing.

  8. This is interesting, especially since Georgia had many of their laws determined “Unconstitutional” by the local State Court. Revised them to “only” include those convicted after the law was established. Many states are having a lot of problems with the living restriction laws they have implemented. I’m sure NC will also regret this decision in time. Our Federal Government should NOT have authority over States, requiring them to enforce them.

  9. Unfortunately I am listed on the NC Sex Offender Registry for sexual battery – a misdemeanor. I was expelled from college, lost my job with FEMA, my government security clearance, friends, family and finding work is just not happening. The list of restrictions I have are nearly 12 pages in length – and seems very ambiguous in interpretation. During hurricane Irene I had to listen to various news sources repeatedly say to look for updates on Twitter or Facebook; a source that sex offenders are banned from. Additionally I was not able to go to a shelter because they are all on school property.

    The sex offender registry in my opinion is an enterprise business, not a tool. Recently iPhone applications just for sex offenders are the leading choice app for some.

    As for psychological help or assistance? There is none. Sure, there are court mandated or sponsored programs. But its nothing more than a unorganized group meeting facilitated by volunteers. There is nothing professional about the setting. Most of all there is nothing beneficial for the additional $2000 yearly fee paid by every convicted sex offender that must attend by a judicial outcome.

    The problem with the registry is that it does not tell a story. Instead it publishes a group of people all lumped in one batch. Streakers are listed right beside life-long sexual felons – where the listing was perhaps intended for.

    As for trying to be active in advocating problems with the sex offender registry? That is another issue. I have attempted to contact the ACLU in Raleigh. However, they have not returned any of my calls.

    • Sam,

      Long time no talk…

      Considering you sexually assaulted me as a child, on a church visit to a theme park, I have no pitty for you. I regret not turning you in. It may have prevented you from doing this again to your other male victim at NC State. The audacity you have to post in a public forum like this, knowing there is at least one other person you have sexually assaulted is still around, makes me sick.

      But I’m not surprised. Because even years later, you found out where I worked, be friended my coworkers, and put me in an awkward situation there. I was timid, even then. But I am not anymore.

      Stay on the registry. Stop fighting it. You deserve every bit of this.

      Your other victim,

      JH (now 31 years of age)

  10. Sam, I couldn’t agree with you more. They combine the child rapist with the ones who ran into a dysfunctional teen who lied about her age and then lied about lying about it. Thus no concept about ruining someones life to get attention. I’m not a sex offender but I see the witch hunt. I know someone who cops burst into his work accusing him of rape of a girl 19 and after lying about this and that said well we won’t arrest you if you agree to be taped saying you had consensual sex. Then he had to say yes to all these weird accusations of this girl.He met the girl after a telephone talk where she sent him a pic on the phone but the pic was a different girl. When he met her a rely horrible looking obese vietnam girl he freaked and left. She called and called and harassed him then threaded him if he didn’t call her back. Now if he was a sex offender why didn’t he? Four days later they told him the girl wasn’t 19 which they knew but 13 almost 14 and arrested him. He was not allied to have a defense. They picked a bunch if over weight probably man hating women for the trial had a horrible defense Judge wouldn’t allow discovery of the girl who had a history of deviant behavior and undermined the Doctor who said she wasn’t raped and forensics who found nothing so they got rid of the evidence that would if implied she was lying told the jury in refute of THEIr paid doctor ” that doesn’t mean it couldn’t of happened. and convicted him a long sentence. The only evidence they had was the false confession they tricked him into to try to save his job one of their tactics. In other words they knew they had nothing so planned to make up evidence. That evidence of false or coverage confession is not constitutional and should of been thrown out. Not only that the old female judge gave him a longer sentence that even the DA wanted. These DAs are always looking to find the John Gotti vase to up their caresses even if it means convicting innocent people even when there is no evidence or evidence that shows their innocent.

  11. We Registered EX-sex Offenders need to use our numbers and the power of the internet to form support groups with families and friends.. We have resources and numbers. All we need to do is focus those resources to change laws and judgments one community at a time. First we need to be involved in community charities and outreaches. We have to become twice the citizens of those around us. At first covertly of course then as our reputations for doing good become know we can become more open. That is the only way we will change people and policies. It’s going to take time and hard work but together we can make a difference. We need to be model citizens! Then show our good works and make change happen.

    • I was scared into taking a plea deal of indecent liberties, first they came at me with statutory rape charge and told me that I was getting a good deal, later the would be victim recanted. I was due to come off the registry automatically in 2008, only to learn that they suspended the rules of the constiution in 2006 and passed the Adam Walsh act. So here I am 14 years after first being placed on the registry, living in North Carolina, and it don’t seem like theirs a chance in hades that I’ll ever be able to successfully petition the court. I live in a county deep in the hills. Everybody on the registry should be contacting Senators and members of Congress, as well as other law makers to let them know that we have a Constitution for a reason, if not then sooner or later we wont be the only ones hurting from the behaior of our lawmakers.

      • Sooo do you think anyone should be on the list?? Or do You think its un-constitutional no matter how sick the crime?

  12. I’m a sex offeder and was to come off the register july 17. My conviction was in 2002. I was told I had breast cancer in 2004 and wasn’t able to go back to work from the damages to my body. I receive 719 a month for disabilty. Ther is no way I can hire a lawyer I don’t have the money I have a clean record did everything I was told to do now I’m stuck on the list when legally I should of came off a month ago. Has anyone been taken off the list without a lawyer. When u ask for assistance though legal aid they more or less laugh when I ask for help. I’m stuck there has to be soome help out there for those of us who can not pay to get off this list. I did my punishment and plead guily to the older law thinking i’d get off in ten years. Is there any help out there for those of us who made a mistake and will never offend again. I didn’t kill anyone but I have to deal with this for the rest of my life I could of pleaded not guitly didn’t realize they could change the law half way through my punishment.

  13. Lynn,
    I don’t know what state you’re in but in NC my understanding is that if your request for removal is not granted, you can apply again in 1 year. You should’ve had a packet which outlined the requirements/items needed to support your request. It’s not necessary to have a lawyer but could be helpful. I believe it’s most helpful to have support from those who’ve known you and your life and behavior over the past 10 years who can speak on your behalf. Although I’ve been told there have been people removed from the SOR, I’ve never met anyone who has been removed. Don’t give up and don’t lose hope. Society and government need to realize that we’ve made a very bad choice but we can and do change. I believe there are few truly sick people and that everyone deserves a chance to prove to themselves and others that they can be full citizens again. NEVER GIVE UP! Never, never, NEVER!

  14. I originally posted this at the Part II post, but it bears repeating for anyone who finds either one, so I’m reposting it here:

    Mark, the exact problem with sex offender laws is that their only true purpose for existing is to make people FEEL safer. They do nothing to improve actual safety of general society, and may bring about more harm than good in multiple ways: destabilizing social supports required for successful reintegration, severely hindering ability to meet basic living requirements (food, water, shelter, employment), and lulling people into a false sense of security by publishing a “bad guy list” instead of a more broad education about not becoming a victim in the first place.

    The laws are indeed a joke. They are hard at work reducing everyone’s safety, and North Carolina seems to think that’s a good thing–so much so that people like yourself call for more powerful laws to more effectively reduce the safety of the general population. What people reading this whilst foaming at the mouth are ignoring is the fact that I’m advocating for the exact same thing they ultimately are: increasing the safety and stability of our society. While there are vast numbers of studies that prove these laws perform a de facto function opposite of their stated purposes, they “feel good” and that’s all that matters to the “squeakiest wheels” in the state.

    • Forgive the length of this post….

      This “feel good” law doesn’t make a single person safer. The world is so hung up on this list. Many experts agree that recidivism and those deemed sexually violent and or likely to refoffend are just below 1% of those on these registries

      In California, 2 felony charges were placed against a 18yr old with no prior record, he was NOT on a sex offender registry, nor was unknown by the victim. Under advisement of the public defender (aka: public pretender) and using prison as a fear tactic, he plead no contest to a single count of felony lewd and lacivous acts of a minor under age 14.

      The courts recommended he be placed at the California Youth Detention for 6 yrs. Yes, place them in a facility that houses minors! Fortunately the judge went against and ordered 1 yr jail 3 yrs probation and ordered lifetime registration. This condition wasn’t ever mentioned in the plea. This occurred in 1995. Since then the sex offender registration laws have been increasingly amplified with more restrictions and places newly convicted and crimes of years past under harshs terms. Further this plea never mentioned that he will be subjected to ammended terms as the law evolves. The internet notification wasnt in effect then, of the 4 pages of ammended rules just half of a page was required in 1995. Now 24 yrs later he has been subjected to the enhancements.

      No matter the crime, imagine being told you had been sentenced to jail and probation and then 8 yrs later be told you now are sentenced to something else because the law changed. This action just makes no sense.

      In this case, the offender registry played no role in the prevention of the crime. Data shows most offenders “groom” the victim, the offender gains the trust and friendship accordingly.

      In many cases, as with thus person, the offenders family unfortunately pays the price. Communities shun all relatives (children included) due to the association to any 1 offender. An excellent example was this offender has 3 children. When child 1 enrolled in kindergarten…parents and school staff knew the child’s father was on the registry. As such they (parents) told their kids to stay away from the child. Ultimately the bullying was so intense the father was forced to home school the child. After moving to a new area the child was enrolled under a fake name. All 3 children suffered humiliation, shame, bulllying, and were ostracized. Once the internet list was enacted, and the children entered higher grade levels, cyber bullying the offenders minor relatives occurred. This law designed to protect all children, failed to mention all children but thise related to any offender. Congrats! The law accomplished the opposite…

      In 2006 (11yrs after plea), the offender who’d been residing in the home for years was now deemed a danger because residency restrictions were added. The ignorance of this is so much that he was told if he lived 2 doors further then he’d be “safe” however to remain at the home would pose a threat to the community.

      No list will EVER make the world ssfe. Education though… Is the best way to prevent our children from harm. Stranger danger, secrets, private body talks, etc are what needs to be done. Enact laws that educate the children.

      Should we have the right to be informed about people in our areas ABSOLUTELY! Should we get it at the exspense of innocent children and family members of those that committed these henious crimes?ABSOLUTELY NOT!

      It is horrible… the public & elected officials that have wrecklessly applied laws that result in the convicted persons own children and loved ones to pay the price for crimes they didn’t committ should be ashamed. Why is it acceptable for innocent children to be subjected to public ridicule? How is it ok to add punsihement (regulartory or punitive) to anyone once sentencing has occurred? Where’s the data showing reported and charged sex crimes have reduced as a result of this list?

      Voters, Congress, judges, and alike… Thank you for the false since of security. Thanks for being the people who, without regard for the well-being of the children, implemented laws to protect kids and accomplished the opposite

      I always tell people, this sex offender registry and the people on it are not the ones to be worried about with regards to your child’s safety. Rather be aware of those not on it.
      The
      What’s the answer….who knows!

  15. I am on the SOR due to a misdemeanor and via a plea agreement… long story. I am currently working on a book that I hope will inform the public of the truth of the SOR. I am looking for other’s stories. Can you help?

    • Yes I can give you a story .. about my son .. We live in a rural county in NC .. we have lived there since 1980 .. my son was set up by local law enforcement .. they got a guy that worked for him to get him to go to a certian web site .. and he went at started a conversion with a 14 year old .. except it was an undercover agent .. they kept the talk going and begged him to meet .. and he did and was arrested .. he never touched a child .. they took 5 computers that he had at home and work .. no child porn was found .. they were after him and have been for years , because they didn’t like him .. we live in a kinda Duke of Hazzard county .. thank God we have a new sheriff now and they know the truth .. anyway , he was lucky he didn’t go to prison .. they had the judge and the DA in their back pockets .. he got probation and listed of the SOR .. this happened 3 years ago , and he has 7 more years .. and that’s seven more years of not being able to go to church with his daughter , no school programs , or dance programs or ballgames , they are all held of school property .. His daughter is only 6 .. the punishment does not fit the crime .. it has just destroyed his life .. and it’s not fair .. he never touched a child or had any child porn .. I am trying to find people who are trying to change the laws … thank you .

      • Thank you Sandy. I don’t wish to pry, but is it possible to talk some more. You can reply directly via the email below if you wish. I want to be sure on the details, and any other important details. How has life on the SOR changed? What are the issues he now faces? How does it impact the children? I know that these are tought questions that some do not want to answer, but I need to be able to show us as human. The mass media surely doesn’t

        editor.armillarypress@gmail.com
        Armillary Press-for the common good

    • I have a long winded story to tell you if you are interested. My conviction was in 1999, and I was in the military at the time. My home state of record was Kentucky, but by the time I finished my sentence I was a citizen of NC and when I moved back home upon my release I fell under a blanket “everyone moving here from a state where they are registered will be considered a lifetime registrant here”. I found out later this is not a hundred percent correct, but felt it was necessary to get removed from the NC registry before fighting in KY. Am still working on my removal in NC. Have an attorney I have paid $2500, and am in the process of paying a psychiatrist $1500 for evaluations the lawyer says the court will require me to have before ruling on my petition.

      • Thank you Allan… we are going to press today. Should be published and available to the public within a week.

    • I’m currently going through a trial right now. I was arrested oct.13 2012 I had went too a local bar which I rarely ever do and I guess for good reasons. Long story kinda short I met a girl at the bar/club we exchanged phone numbers and talked blah blah she told me she was 23 years which I totally believed her we were in a bar where you have to show your id to get into in the first place. Well a couple days we talked some more and finally hooked up. After that a few more days go by and I take her out too eat and when we left the restaurant I get pulled over for speeding which in all actuality I was probably speeding. Upon being pulled over the officer ask for my licences which I give him then asked her for her’s I’m gonna refer to her as her incase of more legal problems anywas she doesn’t have it on her so he asked her to step out of the car they go to he’s car for awhile he comes back and asked to step out and sit in he’s car to ask me a few questions which I comply. He then start’s to question me about her which I don’t really know much about except name age and were she stays I tell him what I know then he tells me she’s 14 years old and I’m under arrest. I tell the officer everything that had happened in the 2 maybe 3 weeks I’ve known her. I sit in jail 2 months and a few day then I get out on pre trial which nov.29. My lawyer has finally gotten the motion of discovery and in it the openly admitted to lying about her age had done something similar a year before had 5 or so different facebook page under different names and ages. I know what I did is horrible and not knowing isn’t really excuse and I deserve some type of punishment but from what I’ve been reading I’m terrified I’ve lost both my jobs and a lot of selfrespect my apartment and car because I can’t pay for them anymore me and my cat have been forced to move back with my mom everything that I’ve worked since high school is gone. I am glad all my friends and family are behind me because they know me very well and this just isn’t something I would just do. I don’t know were my train of argument begins or ends. I don’t know if I should kill myself because what’ve been reading suggests my life is over anyways don’t get me wrong I love life and don’t wanna put my family and friends through that I know horrible it is when does that and want them to feel what I felt when it happened. Any advice you or anyone could give would make a world of differences right now. Regardless of anyone thinks I’m not a bad person I’ve done dumb things in knowing the consciences like doing durgs or speeding for one lol. But what I’m going to court for just isn’t something I’d wouldn’t have done I haven’t lied to the police I’ve been completely honest gave them my phone my labtop and iep address I have nothing to hide but it seems like the DA still wants too hang me I’ve never been in any trouble with the law besides a few seeping tickets

  16. Reading all of this because my 10 year reporting as a tier 1 ends in 2012. I was looking for information on the process of getting removed and not having to report after my end date. What I’m finding is disheartening.. Is it really the fact that even though you completed your time you are not removed? I also understand that as of December 2012 all times are being extended even if you already completed it? As I understand it… Minimum time is now increased to tier I =15, tier II=25, tier III=life. If you completed your time you have to reregister it’s retroactive.
    Looking for information on how to get removed from registry and new laws pertaining to offenders. Can anyone give verifiable information on this such as links, legitimate sites to get this information?

    • The minimun is 15 years in N.C. I was supposed to come off 08-10-2008 it wasn’t till then that I became aware of the new law, I thoght about suicide for a long time. I took my probation and treatment very seriously, even though I only took a plea deal out of fear, or maybe you could call it survival instinct given all that I’ve come to learn about these injustices that occour quite regularly. Can anybody tell me if anybody still comes off automatically after the 15 years or is it life if you don’t succesfully petition to be removed? I live in the mountains of N.C. and have already tried 3 times to petiton, they wont even hear my petition, this is my e-mail address if anybody can be of help rpruett37@netzero.net

  17. Are there any representatives running in the election this year that will hear and help our plight?

  18. Scott .. thank you for the e-mail .. How has life changed for him .. in so many bad ways .. he has a six year old little girl , she goes to a christian school .. and he can’t go to anything with the school .. I tape everything , but it’s not the same as being there .. yes , he could go .. but he would have to tell the principle at the school , and then parents would find out .. he would rather die , than to do anything to hurt his daughter .. when she plays baseball , he can’t go to the games .. almost everything that she does , he can’t go to .. She is only six now .. but I know he worries about what will he tell her when she gets older .. it’s only been three years .. she will be 13 , before he could ever be taken off the list .. My heart breaks for him .. he did a stupid thing by talking to a 14 year old girl , and it was a set up .. no child was ever touched , no child porn was ever found on 4 computers that he had at work and at home .. I just don’t understand why the SOR isn’t something like murder .. like murder 1 , murder in the 2nd degree .. why must they lump them all together .. it’s something that haunts him and myself everyday .. I know he thinks about it everyday , because I do , but I would never tell him that … he’s married to a wonderful girl .. he’s so lucky in that way .. but it’s so wrong to lump them all together .. I don’t understand why people can’t see that .. Can’t they look past what a person does and see that they should not be all put togerther ? .. It has destoryed us in so many ways , but it’s my granddaugther the he worries about .. and so do I .. he’s not a pedophile , but that’s what everyone that is on the list , is looked at as .. plain and simple , that is what they are considered .. if there is any thing that I can do to help change these laws ,then please let me know .. I will answer any questions that you have and from anyone else .. Thank you again Scott .. If you need to know more , let me know .. and have a good Thanksgiving .. Sandy .

    • Sandy,
      I am in a similar situation and would love to talk with you for support. Please contact me if you feel to. My heart is breaking too. Where in NC are you?
      Thanks and God Bless!

  19. Thank you. This is what we need. I have begun the final edit, but will work this in.

  20. Thank you Richard,

    I am always amazed at how similar the cases are… almost always a plea. You are right, we do need to get ahold of our representatives, but bear in mind we will not get any traction untill we get some of the general public to understand that only 5% of the SOR is likely to reoffend. We have to show that most of us are normal people that got caught up in a system we didn’t understand, and tried to do the right thing… by right thing I mean protect our families from embarassment. Little did we know what we really were in for.

  21. Update from my last post

    1999 plea deal for possession of child pornography sentenced in Virginia Federal court to 4 years prison, followed by probation and register as a Tier 1 sex offender for 10 years. November of 2002 I was released from prison and began my 10 year registration. This would have been my last year to register but today I received a letter stating:

    Under the new statute, your sexual offender classification is Tier Pending. This designation requires that you register as a sexual offender with the Pa State Police for Lifetime.

    Now my once 10 year court ordered registration has now been changed to lifetime ..
    How can that happen??? See the link listed Abolish the Public Sex Offender Registry

    http://www.change.org/petitions/abolish-the-public-sex-offender-registry

  22. We have just published the book we have been asking for stories about. The book addressed the disconnect from reality of sex offender laws. The author is a sex offender. He tells his story, and explains how the registry came to be, the forces behind it, and monetary and political reasons it continues in spite of the evidence that it does nothing. We are looking for two things. First, any exposure, and second, a list of people we should send free copies to. We ask for these to help the cause of sex offenders. We, like you, wish to end the segregation caused by the list. Please reply if you are interested in a copy. I owe a couple of you freebies. I would list the sites where it can be purchased, but do not want to break any blog rules, and honestly, I am more interested in getting a list of people you feel need complementary copies. We need to get this in the hands of those who will help.

    -David Bayern

    • Thank you so much for publishing this book. My husband has been on the registry for the past 8 years and I’d love to find out how to get this book. I know many offenders’ wives who would like this book as well.

    • Can you please give me the name of the book and where I can get it as I would like to get a copy. Thanks!

    • My fiancee’ was falsely accused and wrongfully convicted. He was offered a plea deal of NO jail time, 3 years probation and to register for 10yrs. He refused the deal because he wasn’t going to admit and plead guilty to crimes he did not commit. It boiled down to a her word against his, there was NO physical evidence, inconsistent testimony from the “victim”, she was given a piece of paper to read from during a taped interview with the prosecutor when asked what happened because she had answered she “didn’t recall.” His defense attorney didn’t object not even once during trial, he allowed hearsay to be included in the jury instructions which aided the State in convicting him. His attorney also allowed a big time family law attorney to be on the jury, she ended up being the foreman and after 7 days of trial the jury took approximately 26 minutes and came back guilty on the charges. My fiancee’ took a polygraph which of course the results are not permitted in trial, however after 3 1/2 hours of questioning, the examiner found him to be completely truthful when answering all the questions. The “victim” should of been made to take one herself because she has a history of deviant/dishonest behavior. She falsely accused her mother of child abuse two years before making the false accusations against my fiance”. When the CPS looked into her allegations against her mother they found them to be unsubstantiated. This information was not allowed to be introduced at trial, during my fiancee’s testimony he tried to bring it up and the State objected every time. His defense attorney did not submit the report as evidence which could of helped my fiancee’ by proving the child has a history of lying and making up stories to get someone in trouble when she gets mad at them. She also made threats to a classmate that she would tell everyone and post all over facebook that she was a cutter if she did not do what she had asked her to do, those threats were on public social sites for anyone to read, but again not allowed to be shown as evidence or brought up during testimony. My fiancee’ did not have the same outcome despite NO evidence of statutory rape, the medical expert reported there was NO evidence she had ever been sexually active and her hymen was STILL intact. Then her story changed and she said she didn’t say he raped her and she then made up several other stories that he ended up getting charged with and convicted of. Her mother also got on the stand and lied profusely. Her mother is a member of an adult social website(from the website “THE Social Network for Sexy Adults”) locally where we live and has had her daughter around other members, there were pictures posted of her and other children with the members at a beach house. That was not allowed to be brought up during the trial when it was asked of my fiancee’ where she could of learned about sexual offenses she accused him of, he tried to answer she probably learned it from her mother who has inappropriate pictures of herself and with another woman posted on that “social network.” She also watched Beverly Hills 90210 and the recent storyline was about a teenager accusing a teacher of sexual molestation. The State objected every time he tried to bring that up during his testimony, they said it was irrelevant and I completely disagree. Her mother also has a history of deviant/dishonest behavior and in my opinion her daughter also learned that from her! Her mother is well known to make false allegations against others to try to in her words “destroy” them. Another expert for the State testified that less than 1% of children lie about being molested, which is WAY off!!! I have done a lot of research on it myself and have found that percentage to be completely inaccurate this day and age! His defense attorney allowed their expert to testify to that and allowed him to say in his “opinion” the “victim” had actually been molested. He is not supposed to be allowed to state his “opinion” only supposed to be allowed to state actual facts, not “opinions.” The details are actually more complicated and since we are appealing the conviction, I can not go into more detail on this forum but we are going to be sharing his story because he was railroaded by a corrupt system and ended up being sentenced to two consecutive 16-20 year sentences, pretty harsh compared to the plea deal don’t you think? All because he tried to defend his innocence. The reason I am posting this is because I do want a copy of your book. When and if he is released from prison, it will be because we won the appeal and one of two things will happen then, either they will make another plea deal which I am sure will include being on the SOR for life or a retrial. The “victim” and her mother have attempted to “destroy” my fiancee’s life and I refuse to allow that to happen. I will never give up fighting for him and being his voice!!!

  23. I was convicted in Wake county in 2002 of 1st degree sex offense and indecent liberties with a minor. Chose a jury trial instead of taking a plea bargain….I would not plead guilty to something I had not done. Long story for here. Fiancee’s ex, 2 time loser for domestic violence towards her and kids, hated me because I would not allow him to keep terrorizing her and kids. Wanted me out of the way by any means possible, and told me so. I should have seen it coming. Kid walks out of my house Friday for visitation with him, by Monday morning I’m under investigation for child molesting. Lawyered up. Grand jury indictment, yadda yadda…you know the process. One month before trial, my, what was at the time. my future MIL, hands me a letter from DSS. The ex has been under investigation for physically abusing this same child, and he HAS admitted to it. This was my belief to begin with…he beat on that child to get her to say I molested her. Even my attorney says there it is, that’s what has happened! We go to trial, and my wonderful court appointed attorney (same guy I hired initially???) won’t submit the letter as evidence…..scared he’d get in trouble because “it was privileged information”. So I get thrown under the bus. 34 YEARS for something I didn’t do. Justice centers would not help, lawyers ran, all terrified to fight the witch hunt attitude in this country. Went back on appeal and got the 1st degree charge overturned, but, are you ready for this one, they wouldn’t overturn the one for indecent liberties because the appeal lawyer didn’t put it in the appeal. I pulled 23 months waiting for the appeal to go through, and with the indecent liberties conviction not being overturned, I had a maximum of 19 months to pull. Should have gotten compensated for the 4 months extra I had to pull. So I’m stuck with it, with no money to fight it. I’m a tier 1 on the SOR, and thought after ten years I would be through with this BS. SO now I have questions. What is this I’m reading about the petition process needing documentation of psychological treatment/ analysis, and other supporting documentation? Can somebody enlighten me on this, and any advice as how to make NC hold to the ten year statute that was in place when I was released?

  24. On 1/20/2006 I came home to find 4-6 marked and unmarked

    police cars in front of a house 2 doors down from me. I did

    not think much of it because i knew the house and the people

    used and sold drugs(crack/meth/weed).

    I pulled in the driveway like always…opened the door and

    got out. Turned to get everything out of my car and to lock

    the doors, When i looked up i was staring at a S&W .45 handgun

    pointed at my chest by an officer yelling at the top of his

    lungs for me to show my hands and to get on the ground.

    After being hand cuffed i was sat on my front steps while the

    other officers were searching my home. I asked the officer who

    placed me in handcuffs what this was all about, He said i

    would have to wait for the detective to come out and speak

    with me for that information. About 20 minutes went by and the

    detective came out and asked me one questions “Where are the

    guns”. I replied and told him i did not have any guns that

    pawned all the guns i did own atleast 6 months ago.

    The officer then escorts me to the detectives car where i was

    read my rights and asked if i would like to speak to him…”I

    want a lawyer” is all i said to him and he informed the

    officer to take me to the police department and book me on the

    warrants.

    I was placed in the back of the officers car. I still was not

    informed on why i was in handcuffs or anything. I asked the

    officer what this was all about. He told me i was being

    arrested on:

    1 count – Stat Rape/Sex Offence (Class B1 Felony)
    1 count – Stat Rape/Sex Offence (Class B1 Felony)
    1 count – Indecent Liberties (Class F Felony)
    1 count – Crime Against Nature (Class I Felony)
    1 count – Contributing Delinquency of Juvenile (Misdemeanor)

    I was in shock when i heard the charges i was being arrested

    for. I had no clue what the officer was taking about or even

    who this girl was that said i had some kind of sexual

    relationship with her.

    The officer took me to the police department took all my

    information before booking me into the country jail where i

    was booked with no bond! I spent atleast 4 hours in a tiny 4ft

    by 4ft visting room waiting to be taken to my cell block. It

    was around 3pm when i was taken into the jail. They did not

    feed me till the next morning around 6am. I was not allowed to

    use the phone to call my parents,friends..etc or anything.

    The next morning i was awoke thinking i was to be taking

    before a judge for a first appearance. I was called out of my

    cell block and told i would be taken to the police station by

    my arresting detective. He informed me i was being taken back

    to the police station to be processed for more charges. While

    there i was served with 10 more warrants with 3 charges on

    each one stating that on or about the 1st and 15th of every

    month for 6 months me and the girl had a sexual relationship

    that totaled to 30 charges which were:

    10 counts – Stat Rape/Sex Offence (Class B1 Felony)
    10 counts – stat Rape/Sex Offence (Class B1 Felony)
    10 counts – Indecent Liberties (Class F Felony)

    With that added to the first 5 charges….I was now charged

    with:

    21 counts – Stat Rape/Sex Offence (Class B1 Felony)
    11 counts – Indecent Liberties (Class F Felony)
    1 count – Crime Against Nature (Class B1 Felony)
    1 count – Contributing Delinquency of Juvenile(Misdemeanor)

    I met with my lawyer for the frist time almost 2 months after

    being arrested. At that time i met with my lawyer i asked what

    the min-max for each charge. I was told for the B1 felony it

    was 7 years – 15 years! So just for the B1 felony charges i

    was looking at a minimum of 7 years if convicted on just 1

    charge. Or 154-330 YEARS!!! if convicted of all B1 felony

    charges plus whatever the sentance was for the other charges!

    I got a bond hearing after 3 months. The detectives told the

    judge they were still investigating if the girl did skip

    school on the said dates of the acts…There has been

    harassing phone calls and people going to the house of the

    girl on my behalf….and still looking for evidence for the

    case but that i did have pictures of “young looking girls” on

    a digital camera as well as some of “older women”.I told my

    lawyer that the “younger girls” were dancers from a local

    strip club which were atleast 18 at the time and they could

    confirm if they would just ask the girls, for which i gave

    names and contact information for, but my lawyer said nothing

    the whole time. The judge said he would think on the matter

    and left the court room followed by the lead detective…i

    followed with the jailer right behind me. The jailer and i got

    to the doorway of the judges chambers with it wide open just

    in time to hear “We have no physical evidence”. A few days

    later i was issused a $250,000 bond!

    I fired that lawyer and my parents paid $20,000 to a lawyer

    that was from what everyone said was the best in the county. I

    got a bond hearing reduction and it was lowered to $25,000

    secured and $50,000 unsecured!

    I spent all but 3 days in a lock down block. While in the

    block we were only allowed out of the cells every 48-72 hours

    for a period of 15 mins. When let out there were 3 other cells

    out also with a total of 8 inmates let out to use 2 phones and

    2 showers…So if everyone were to get equal time on the phone

    and shower we would only have just over 3.5 mins to shower and

    3.5 mins to talk with friends and family…but most of the

    time we were only let out of the cells late at night around

    11pm-3am or 3am-6am so most of the time using the phone was

    not possible.

    I made bond got out and found a job within 4 days. My lawyer

    told me not to worry just work and go on with life like this

    had not happened…this went on till 2/12/2008. I was told to

    be in court that morning. My lawyer informed me a few days

    prior that the DA offered a plea deal and it would be in my

    best bet to take the plea…if i were to go to trial or have

    my case heard before a judge, if even 1 jury memeber or the

    judge thought i was guilty it would start all over again or i

    could be found guilty of just one charge and have to start a

    minimum sentance of 7 years while filing appeals!

    My lawyer told me i would have to plea guilty to 2 counts of

    Sexual Battery and 1 count of Contributing Delinquency of

    Juvenile. The catch to this plea is that one of the Sexual

    Battery charges would be 12/01/2006 which was when the new

    change to the law took affect which would require me to

    register as a sex offender for a period of 10 years then i can

    petition the courts to be removed.

    I did not think much of it as my lawyer told me it would be no big deal to be on the SOR! It has been 5 years now, I can not find a job but working some sort of minimum wage job. But those are even hard to find. I applied at Mcdonalds…since i was once an employee there when i was 16…they did a background check…all the charges i was charged with are still on my record but they do say “dismissed” but then i also have the 3 charges i took the plea for…so i never can get hired any where. To make it worst…most of the jobs here are on a military base, which before this happened to me was were i would always be working with the companies i worked for as a carpenter. Now i cant get a job…I am forced to live with my parents because even if i did get a good paying job again i would not be able to find a place to live because EVERYONE wants a background check when you try to rent beside run down ghetto places or trailer parks..

    There is so much to my story and how the justice system is broken…BULL SHIT police departments…..etc….but that is just the basic run down.

  25. Oh yea…the total time before i made bond….8 MONTHS!

  26. oh yea…i did have a ok job soon as i took the plea deal…with DirecTv..but i got fired because of my record…even though i was hired before the plea deal. But i was a travel tech….and once i got kicked out of 2 hotels because i was on this damn list….

  27. Hi,

    Two questions.

    1. How long does it take to get removed from NCSOR after successfully petitioning the court for removal? My case was here 2-22-13, and I still show up registered.

    2. Does taking a plea deal in 1999 eliminate all chances for an appeal or reduction of charge? If not, which scenarios would it take?

    • I am working with a Lawyer that I think is working for me.
      I will let everyone know if he is really on my side or not very soon.
      My advise is don’t hire any Lawyer that can’t show you that he or she has helped others and can prove it, because it will be public.no reason for him not to give you names or case numbers to the cases you can look up on your own.
      If not don’t hire them…….
      Don’t waste your money.
      If my lawyer is on the level I will let all of you know.
      I have learned never take a plea never.no matter how fearfully you my be.

  28. I understand your pain my son is in prison for 10 years for a crime he did not do. A 300 lbs 14 year old that was obsessed with my son. She said if she can’t have him no one will.My son had a public defender. The detective was friends with the family that pressed charges against him. Do you know that the woman that pushed for the sor is now pushing to stop it. I am trying to do all I can to change the law. What can I do to help?

  29. I can feel your pain. My son is in prison for 7-10 years for a crime that he didn’t do. All of this is because of a 300 pound 14 year old jealous girl that he wanted nothing to deal with. She made a claim that if she couldn’t have him, then no one would.
    The mother who got the sex registry passed in the first place, is now trying to get it over turned.
    I am going to do everything that I can do to help this process along. if there is anything that I can do to help, please let me know.

  30. My husband was convicted of Indecent Liberty with a Minor over 15 years ago and still has yet to be released. The law for automatic drop off the registry decided to change 3 months prior to his release, and when he petitioned he got the hanging judge who just laughed and denied him.

    That was 4 years ago, and this year we had a speck of hope, but that was blown away too. We found an attorney in the county he was originally convicted in who had gotten 3 other offenders off the registry in the last few months. We are living in a different county then the one he was convicted in, but the Sheriff in this county told us we would have to file in the county he was convicted in (not county of residence). So we go and get all the paperwork done and get the money together only to be told he can’t help us because we live in a different county. I wanted to cry. This was our hope, our light at the end of the tunnel, our last chance… we had a baby girl in February and I thought that our luck would pan out, but c’est la vie.

    He could lose his job any day, and we live in a one bedroom apartment in the ghetto. I’m scared my husband will off himself or break from the depression and aggravation, and even more so I’m scared our daughter will have to grow up without her Daddy being able to go places and do things most kids are able to do; school functions, parks, etc. How is this fair?

    If someone rapes someone and beats someone practically to death for something other than self-defense and there is PROOF, then yes, they deserve to be on the registry forever, but anything less than that it shouldn’t be such taboo to let them have a LIFE after they’ve already been punished.

    There was a man in Wake County who was released off the registry after he ADMITTED to raping an 8 year old girl, and they had proof; so they are telling me that my husband, who made a statement under duress for INDECENT LIBERTY, deserves to be on the registry and not be let off but that someone who RAPED a near baby DOES? People who rob and abuse people OVER AND OVER are treated better than the lesser defenders.

    What gets me is the logic of the justice system,”If we totally cut off these sickos from the outside world and take away their means of survival and humiliate them then they won’t rape kids anymore!” THEIR LOGIC IS FLAWED:

    1.) Not ALL sex offenders are CHILD RAPISTS OR MOLESTERS, and I’ll bet at least half of them aren’t guilty of anything at all. This bugs me most of all. There is no fine line: “An apple is an orange!” says the ‘justice’ system.

    2.) Any psychologist, or individual with common sense, will tell you that alienating a person will drive them INSANE. The complete opposite of what someone should want an already mentally unstable individual to be.

    3.) Being on the registry will NOT keep a real offender from committing offenses; bottom line. You’ve already alienated him and taken his life away, so what more does he have to lose? Are the people who made these laws REALLY that stupid and naive? It seems so. On the other hand, I guarantee you there are MORE people OFF the registry that are raping and molesting then there are people that are ON. So again, what good is it really doing other than pointing fingers at potentially innocent individuals?

    4.) By punishing lesser offenders and making their families suffer you are only planting the seeds for more mental instability. A child who is alienated, made fun of, etc for their parent being a sex offender will be more likely to grow up committing crime then one who isn’t.

    People are SO naive to think,”Oh, no one would ever LIE about being raped or molested just because they are selfish and ignorant and don’t give two sh*ts.” News flash: YES THEY WOULD! I’ve seen it first hand. Corrupt women and families will use that as a weapon and do with it whatever they please. My own FAMILY members have tried to accuse men in our family of molesting other family members, and then tell me it wasn’t true in the first place but that they were mad and wanted to get back at the person. REALLY? You’re going to ruin another human being’s life for your OWN selfish reasons? This is why some people should just disappear.

    It’s called the INjustice system, and it will never change. The families of these offenders will have to suffer just as the offenders. I can honestly say that I am proud to be married to my husband regardless of his record and he does more than most husbands do for their wives and children; the ONLY thing that I am ashamed and humiliated of is that this is the horrid, twisted, and corrupt world that our daughter will have to grow up in… and there’s nothing I can do about it.

  31. I come up for going thew the court to be taking off sor .well in 4 years anyway but now I’m reading 15 years I havnt got a letter on that .what am I missing here? I have went thew 2 sex offender programs one in prison and aftercare when I got out.I. complited both and gradua ted both with good reviews .I got a speeding ticket 6 months ago first and only one I ever got will that mess up my record for the 10 year mark? Will I need lawer in 4 years? I never denied my crime and have made a good amount of progress.

    • No the speeding ticket will not hurt you. You will never come off the list here in NC in less you hire a lawyer not in your area but will be willing to go to your area or state. Your rights are being broken but I don’t think anyone cares. But one day it will come back to haunt them for what the courts have done to people.
      Don’t hire any lawyer that has never gotten someone of the reg. someone with a case like yours.

  32. Anyone who is either on the SOR List in NC or has a loved one on the list, because of:

    – an old conviction that all of a sudden landed you on the SOR List; or
    – Needs to use social networking for work, volunteer, or personal reasons because your phone is an Android (Androids automatically connect to Google which is a social network) device, OR
    – Your residence is no longer valid due to retroactivity where it once was fine to live there, OR
    – all of the above:

    please contact me at macdonald.carolynn@gmail.com. You will be kept CONFIDENTIAL and ANONYMOUS. I am preparing to file a class action suit here in NC on behalf of all of us so terribly affected.

    Our case will emulate Nebraska’s, Indiana’s, and Maryland, etc.

    When you email me, I will email you an AFFIDAVIT to fill out and return to me which will protect your identity.

  33. Sandy and all, the new version of the book is done. Who wants an electronic copy, and where can I email it?

    • Scott, I am new to the site but would be interested in reading your book. Can you email it to me? Thank you!

  34. My son was accused of Statutory Rape February 2011. He was 18 at the time he was accused and she was 14 years and 9 months. There was a 4 year and 9 month difference in their ages. This 14 almost 15 year old girl looked older than 14 and told adult witnesses that she was 18. My son said she was older than 14 and she is the one that initiated the sex between them. We consulted an attorney. We met with the attorney and my son told his side of the story. My son was so upset and broke down several times during this first meeting because he had never been accused of something like this in his life. “Statutory Rape” is a huge accusation and we had no idea how these accusations would lead to the charges that my son was going to plead guilty to on advice from our attorney and how this conviction would ruin my sons’ life.
    My son’s father who works at a local High School and the school that the accuser attended received a phone call from the accuser’s father. The girl’s father asked many questions over the phone and never once mentioned accusing our son of rape. The accuser’s father was in the military at the time and was stationed in a different state so was not around when this happened. The girl had apparently sent some text messages to her friends bragging about her sexual encounter with our son. The mother and daughter got in a fight, over the fact that the girl did not come home at all that night (daughter lied to mother saying she was staying at a friend’s house) the mother took the phone away and looked through her daughters phone and read the text. Mother got angry with daughter and called the girl’s father in another state which made the father angry so they decided to press charges against our son. Our son was arrested and we posted bail. We immediately consulted an attorney, having never been through anything like this before we felt like we had not other choice an dwanted to do the best thing for our son.
    After telling his story to the attorney she said she would take the case after we paid her $8,500. She said that these cases were very hard to prove and that she would do her best to have the charges lessened so that our son would not have to spend time in prison or be placed on the Sex Offender List and be labeled for his entire life. We met with the attorney on several occasions and obtained all the documentation requested by the attorney such as letters from his employers and church members where our son attended church in the meantime the attorney was trying to meet with the DA to try and get the charges reduced and have our son plea to a lesser charge. Our attorney felt that our son was too emotional to go to court and did not want to put his future in the hands of a jury. Over a year passed and we got a phone call that we had a court date. Our attorney had set up several meetings with the DA to talk about a plea bargain but for whatever reason they never met. Sometime during the waiting period they had discussed having our son plead guilty to Second Degree Kidnapping but nothing was official until the day that we were to be seen by the judge for our son’s hearing. The day of court we still had no idea that the DA was going to accept the Second Degree Kidnapping plea nor did we know what the sentence would entail for Second Degree Kidnapping.
    While we were waiting for our turn in court our attorney came in and said that she still had not met with the Assistant DA (she was originally dealing with the DA which is who our attorney preferred to deal with not the Assistant DA )but we were still going to be heard by the judge. She mentioned the Second Degree Kidnapping charge again and said that the worst case senario would be probation. When they called our case our attorney requested that the assistant DA, herself and the judge meet in judge’s chambers to discuss the plea. The judge agreed and dismissed himself to meet with our attorney and the assistant DA. They were in judge’s chambers for about 30 to 45 minutes. There was no break for our attorney to meet with us afterwards, our attorney walked over to where we were sitting in the court room and she said to us “ok, it sounds good, they will agree to the 2d Degree kidnapping charge, he will be on probation for 3 years, he will have some jail time but the judge will order it so that it will not conflict with his job and he will have to register, no big deal”. After she said these things to us we agreed based off of what she said that this was an ok deal. What we did not realize until after our son was charged was that registering meant that he was pleading guilty to a sex offence and he would have to register on the sex offender list for at least 10 years. The court proceeded and when the 2d degree kidnapping charge was read nothing was mentioned about registering as sex offender. Our son pled guilty as he was advised by the attorney that we paid for him and that was it. We had no idea that what we had just hastily agreed to in court was going to affect our son in the way that it has.
    Our son is not a sexual predator. He has never been in trouble or convicted of a sexual crime and now his life would be changed forever because of one night of consensual sex. Because he pled guilty to 2D degree kidnapping but because a minor was involved he is placed on the sex offender list and his life will never be the same again. If we had known that day that we sat in the courtroom what the outcome would be and what it would do to our son we surely would have requested that we go to trial and let a jury decide what his fate should be.
    Our son raped no one. He has been made to attend a sexual behavior class once a week for 3 years where sexual predators speak about having sex with young children, old men with their 8, 9 & 10 year old grandchildren and he says it absolutely makes him so sick to his stomach just having to sit and listen to all of those stories, not to mention this class cost him $40.00 every week that he attends and if does not attend he is breaking his probation and will be put in jail. He has to report to jail twice a week ( which he has to pay for each time he goes) which keeps him from working those two days to help pay for those classes which ultimately will cost him over $6,000.00 over a 3 year period. He works in a restaurant (as this is the only job that he can get because he had it before he was convicted) he barely makes minimum wage. Our son has so much stress on him just trying to live and make ends meet and I don’t see how he does it at such a young age. He was told by his probation officer that he could not attend a community college to get a better education to obtain a better job so that he can pay his bills, because he is a sex offender. He was told that he can no longer attend church, because he is a sex offender. He was told he cannot be around children or live anywhere with or near children, because he is a sex offender. HE IS NOT A SEX OFFENDER!!!
    It seems so sad that while the parents of this girl proceeded to press charges against our son that their daughter can continue living her life to the fullest and our son has to suffer and his life will never be the same again because of the way the law is written.
    Does any one have any suggestions as to what we can do now to try and help our son. We feel that the justice system has failed him and thought about filing a complaint against the attorney for misleading us to believe that pleading guilty to 2D Degree Kidnapping would keep him off the Sex Offender Registery. Does anyone know if it would be possible to Appeal? We would hire a new attorney and go back to court for a trial if there was a chance that the outcome would be different! I would have never believed that there were so many people in the same situation until I started doing research on the internet. The attorney we hired mentioned to us that there were a group of people that were petitioning the N.C. General Assembly to Ammend the Sex Offender Laws, does anyone know about this? I know that I can come up with a local petition and get alot of people to sign it if it can help?! Who can I write, who can I call, what can I do to help if anything at all??

  35. I have filed to pertion the union co nc court to be removed from the sexoffender reg a year ago and they won’t hear it. I hired John painter to deal with the court. and my date keeps changing.
    I don’t understand the purpose having the right to pertion.
    I have met all the requirements and it has been almost 17 years since this all started. Does anyone know if there is a competent Lawyer in the state of NC.
    Union county has railroaded me from day one.
    The court and my attorney at the time destroyed my life all based on lies. I took a plea and withdrew it and the judge would not allow it.
    The court withheld information all that is OK in union county NC.
    Any competent Attorney or Angency interested in setting this right for me Contact me. Even the sentenceing board involved in my case.
    People accused of crimes should be allowed competent Counsel.
    or are all attorney’s on the take.

  36. please some of this so called offenders are victims, i know there are predetors out there that deserve the worst but not all! they are all treated like animals which they are not. not to get holy roly but god came for the worst of us not the so called perfect. thank you

  37. I wanted to post something because I will marry a wonderful man at the end of this year that is on the SOR. He was convicted of indecent liberties with a minor in 2010. His “victim” was 15yo (but told him she was in college at the local university) and the consenual act happened at a party that got busted up by law enforcement. It wasn’t until 2 weeks after the actual incident that he was charged and found out her true age. He may have done something wrong but in no way shape or form deserves what he is dealing with. I have to say that meeting him has truly made me realize how ridiculous the sex offender registry really is. It doesn’t make any sense that a person who is totally sick in the mind and rapes a small child can be categorized with people like my fiancé. I love him and I am willing to stand by him to prove to the world he is wearing this scarlet letter for no reason. He served 13 months and that should be the end of it. Why do people who get out of prison for murder not have to do something crazy to let the world know they are murderers? I don’t want to wish my life away but I cannot wait until this is all over. I pray that when his 10 years is up he will be able to petition for removal. If I knew a way to try and help non predatory members of this list to be classified seperately from the predatory ones I would do so in a heartbeat. I pray all of the non predatory registrants that have followed these crazy rules is able to live a long and happy life after removing their name from the SOR. I know in my heart that I am marrying a good man who has paid unnecessary time for a small mistake (that he didn’t even realize he was making) and for that I can sleep soundly even if my address is tied to the SOR.

  38. Could anyone explain this in some simpler terms for me please:

    G.S. 14

    27.5
    Page
    1
    § 14

    27.5. Second

    degree sexual offense.
    (a)
    A person is guilty of a sexual offense in the second degree if the person engages in a
    sexual act with another person:
    (1)
    By force and against the will of the other person; or
    (2)
    Who is mentally disabled, men
    tally incapacitated, or physically helpless, and
    the person performing the act knows or should reasonably know that the
    other person is mentally disabled, mentally incapacitated, or physically
    helpless.
    (b)
    Any person who commits the offense defined in thi
    s section is guilty of a Class C
    felony.
    (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c.
    539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002

    159, s. 2(c).)

    I’m trying to do some information hunting for personal reasons.

  39. If qualified to come off the sex offender’s list in 10 years; do you need to be a nc resident for those 10 years or if living in another state, can you still make a motion in the district where convicted to come off the list?

    • In my case I was residing in PA and commuting to VA on a weekly basis for work. I got caught with pornography on my work computer and sentenced in Fed Court Richmond VA. Upon release I was transferred to PA where I have lived since my release in 2002.
      With the new Adam Walsh Act and a mix up in my paperwork I received notification my registration was being converted from 10 tier 1 to lifetime tier pending. My 10 year requirement was completed but they were making me register due to the paperwork mix up.
      I hired an attorney Jeffrey Engle from the Law Offices of Shaffer and Engle in Harrisburg PA. http://www.shafferengle.com/ The fought and won the case not having to re register in addition had my name removed from all Megan Law web sites both State and Federal.
      Based on my experience I would say you do not have to reside in the State where your charges originated from.
      I do recommend anyone from the Harrisburg area (we lived about one hour north of their office) to contact the law firm mentioned and you may use my name as a reference to how you heard of their firm. AND NO I do not and will not get compensation for any referrals. I told them I would be recommending their services on web sites I contribute to and mentioning my name will know where and how you found out about their firm.

  40. I AM APPALLED BY SOME OF THE COMMENTS THAT I AM READING ON THIS WEBSITE! YOU PEOPLE SHOULD BE ASHAMED OF YOURSELF FOR FEELING “SORRY” FOR THESE SEXUAL PREDATORS, I WAS PERSONALLY ABUSED FOR OVER 11 YEARS BY A PARENT THAT WAS SUPPOSED TO BE A PROTECTIVE, PRODUCTIVE, LOVING FATHER, NOT A SEXUAL MOLESTER, HAVING SEXUAL INCOUNTERS WITH ME FROM THE AGE OF 6 TO THE AGE OF 15 YEARS OLD.

    I PERSONALLY WILL BE FIGHTING THAT HE IS TO STAY ON THE REGISTRY BECAUSE NO ONE HEARD MY CRIES FOR HELP, AND NO ONE HELPED ME WHEN I WAS SCARED OF GETTING BEATINGS AND NO ONE WAS THERE WHEN I WAS BEING MENTALLY AND VERBALLY ABUSED AND LIVING IN PURE HELL, WISHING GOD TO TAKE MY LIFE AWAY SO THAT I DIDN’T HAVE TO LIVE WITH HIM!

    THERE SHOULD BE NO PITY ON THESE PEOPLE THAT ABUSE CHILDREN. I FEEL THAT THESE PEOPLE SHOULD NOT GET A SECOND CHANCE TO LIVE A LIFE WHERE THEY CAN START FRESH, STATISTICS SHOW THAT ONCE A PERSON HAS SEXUALLY ABUSED A CHILD THEY WILL DO IT AGAIN, AND THIS IS EXACTLY WHAT THESE PREDATORS WANT, THEY PLOT AND WAIT FOR THE TEN YEAR MARK AND THEN THEY GO TO COURT AND APPLY FOR A PARDON AND BEG TO BE REMOVED FROM THE REGISTRY.

    WELL THE HELL WITH THEM! I SAY THEY SHOULD STAY ON THE REGISTRY.
    I DON’T CARE HOW REHABILITATED YOU ARE OR THINK YOU ARE. THE PAIN THE VICTIMS WILL CARRY AROUND WITH THEM WILL BE FOR A LIFETIME AND SOME OF THEM WILL NEVER GET TO MOVE PAST THIS ABUSE AND DAMAGE THAT YOU HAVE DONE TO THEM, SO IF THEY CAN’T MOVE PAST IT WHY SHOULD YOU GET A SECOND CHANCE TO HIDE, ONCE AGAIN AND HAVE A FRESH START????

    • I want you to read my case at http://www.falseconvictions.com you will see court documents on how my own lawyer hid evidence from the prosecution and the prosecution knew about the confession from the accuser and did not even have the decency to ask him about it on the stand. My lawyer and the prosecutor worked together to obtain this false conviction. I have been out of prison for 17 years, not on the registry, and want my name cleared. Does that tell you anything

      I AM INNOCENT….

      Please view my website and let me know what you think.. Juries convict everytime when it involves a child. Why take chances. They convicted in a case like this. It blows my mind everyday….

  41. Melissa, you’re the one I feel sorry for. You’re obviously not in relationship with God and know nothing of redemption and forgiveness. You’re obviously holding on to bitterness and hatred and it will destroy you.

    I’m sorry to hear about your abuse and empathize with you. I, too, have been sexually, verbally, physically, and psychologicaly abused. I have also acted as I was influenced, not because I wanted to. Not everyone on the registry is a psychopath, as you and many others believe. Sure there are some who should be watched carefully, maybe the rest of their lives. Most, however, (and contrary to statistics and fanatical hype) should have never been on the registy to begin with. This SOR and the law surrounding it have gotten WAY out of control. It needs to end. Even more desperate is your hatred, unforgiveness, and bitterness. It’s self destructive and shameful, devoid of God and truth.

    YOU are in our prayers, like it or not, for you have exposed your own sin to us all.

    May the LORD bless and keep YOU. May He make His face shine upon you and be gracious to You. May the LORD lift up His countenance to YOU and give YOU His peace. Amen.

  42. Paul , you hit the nail on the head .. BIGTIME .. I pray that someday the laws are changed .. So many people are hurt by them .. and it shouldn’t be that way .

  43. Have I got a wrongful conviction case for you. It has been 23 years of living this lie that I was convicted of something that I never did. What I am about to share with you will be shocking. This case was Indecent Liberties with a Minor and the State covered it up with an Intimidation of a Witness charge. Why should I have to continue living like this when the child confessed that he was sorry and his own mother made him lie. Check out my website which is http://www.falseconvictions.com and click on the Victim Impact and Confession tabs. You will see where the boys mother admitted to the DA that her son felt like he was in the wrong. Yet I was still tried and convicted. The other tab will show that my own lawyer hid evidence from the judge and jury. I hope that someone will care and take this corrupt case. Also, my rights were violated as well. Contact me for more information. My message board for the Wrongfully Accused and Convicted is http://www.wrongfullyaccuse.com. Thanks for reading….

  44. I’m glad it has worked out for you. What gets me is that you’re guilty until proven innocent. I’m hoping that with my misdeameanor charge, and no active jail time given to me at sentencing I might have a chance at getting off this linch mob mentality list.
    If I was “forced” into making a plea I would have fought this tooth and nail; but having just adopted two of my grandkids, I wasn’t about to take a chance; no matter how small to fighting a B1 Felony charge they were going to charge me with if I didn’t plea out.
    Listen to this. Even my probation officer had said I was railroaded due to the DA possibly running for a future political office; and that the dockets were over a year behind.
    I told the judge in no way did I do this, and I have over 30 years dealing directly with patients without ANY negative issues. As a matter of fact, my last eval shown that I was a role model in two catagories dealing with the patients. I explained I wasn’t about to put those kids in a poker pot when it had nothing to do with them, and I am the ONLY father figure they have. By the way, they were 3 and 4 y/0 at the time.

  45. My case has some of everything how a lawyer and prosecution did to get me convicted. When you read the website, it will shock you. I had to take a plea on the last charge that they tried to use to get me to withdraw my appeal. I want to make it clear, I never did anything like that. The State charged me with Intimidation of Witness. Why?? Because the child apologized directly to me that he was sorry and his own mother made him lie. The mother changed her story 3 times on the stand and the judge STILL finds me guilty. So I did what anyone would do, I appealed it from District Court to Superior Court. Then I was tried for the Indecent Liberties. One of the children gets on the stand and admits in open court that he did not know why he was even there (He’s the one that confessed). Found out last year that what did actually happen with my Intimidation retrial. Prosecution says I could not be found. How could that be. I had to call in everyday to a Pretrial Release officer. This was done so I could not find out and defend myself and bring the confession out during the appeal process. Then filed a motion for relief against my own lawyer. Of course, he was a former judge in Wake County. The same county I was tried in. He lied on stand and the judge ruled in his favor. Then I lost the appeal. The State brings up the last Indecent Liberties charge. My new lawyer which represented me through the appeal and advised me to plead guilty even though I was not. He said if I go to trial and they find me guilty I would spend the rest of my LIFE in prison. I wish some one would contact me and take my case. Something needs to be done. I even passed a polygraph test last year with no deception. The North Carolina Innocence Commission and Duke, and Wake Law will not take my case. I feel like someone is covering for my old lawyer that was a judge. I have the truth on my side and I would at least like to be heard. I have dug up alot of evidence that would ehonerate me of the charges. It is not right what has happened to me. I want justice.

  46. Well my story seems to be the most screwed up story yet. I am on the registry for one of the crimes that d NOT even classify as sex offenses. In 2006 I was dealing with an addiction to crack-cocaine. One night, in desperation, I decided to try and rob someone for money to keep getting high. I was obviously a loser and a drug fiend, but sex was the furthest thing from my mind as I entered the establishment I had chosen: a Mexican restaurant.
    When I went through the doors I saw a woman at the cash register, and without even a thought to the child at her side I walked up, acting like I had a weapon though I didn’t, and demanded that the woman open the cash register. She was scared of course, but obviously didn’t see me as much of a threat when she realized I had no weapon. She hesitated in giving me the money and around this time her child, a girl of approximately 10, decided to try to run for the back area. I reacted and grabbed the child by the shoulder in order to stop her from running and getting attention. I WAS NEVER ACCUSED OF ANYTHING SEXUAL BY ANY WITNESS OR VICTIM.
    When I let go of the child the woman opened the register, and I fled on foot only to be caught by police within a very short period. Someone inside had called the police already.
    I was put I jail, and ended up taking a plea for the following crimes: Common Law Robbery, Second Degree Kidnapping of a Minor, and Attempted Second Degree Kidnapping of a Minor (apparently the woman had a baby behind the counter that I was to drugged up to even notice.). They offered me a plea for 25-39 months and I figured that to be a pretty fair trade considering the fact that I had went to trial in 2003 in against the same DA with much more serious charges and had been acquitted on all counts. I was never one time told of any other collateral consequences to my plea by any lawyer or judge.
    After pulling 30 months I was scheduled to be released, and that was when I suddenly got the Notice to Register as a Sex Offender! I thought it was a mistake. I may have not always been a nice guy, but I would never even dream of doing anything that would legitimately land me on the SOR. I found that it was not a mistake. I had been tricked and now I would pay for at least 10 and probably closer to 30, unless they change the law and I’m stuck on it for life…
    My real question is the: Is their anyway that I could fight this considering the fact that I was not made aware of the fact that I was plea bargaining to an offense that would land me on the SOR. I mean why should I be on something when my crime was 100% NOT sexual and was never even implied as being so by anyone?

  47. I am innocent and can prove I am innocent. The case was Indecent Liberties with a Minor and the state covered up the confession from the accuser with a Intimidation of a Witness charge. Website – http://www.falseconvictions.com and you will see the most shocking case you have ever seen in your life. I was convicted and have done 100 percent of my sentence. I want my name cleared and it has been very difficult on me and my family. I want you to read the Victim Impact and Confession tabs. Actual court documents and I was convicted and sent to prison. I wish you luck on your court case.

  48. I’m sure there are people on the SOR that probably don’t belong there and I can only speak on the person who abused me, that person should remain on the SOR for life. The people on the SOR who claim to be innocent who are on the SOR will have to prove it in a court of law & with their maker.
    I can forgive, but I won’t forget, and I will make sure parents can continue to protect their children, but people also can make their own opinions about said people who belong on the SOR and choose to have any variety of relationships with anyone, but as for me as a victim he belongs on the SOR.

  49. Hello,
    I am sorry that someone abused you. However, there are innocent people like myself that were convicted, not because of being guilty, they wanted someone held responsible. Just in case it happened. I can tell you that I would never do that. It just makes me sick to think that people actually abuse children and now I am looked in that light. The thing that is really disturbing to me is I can prove my innocence and no one cares. The child confesses to me that he was sorry and his own mother made him lie. He gets into court, does not even know why he was there and did not testify to any sexual abuse. Yet I was convicted. Look at my site at falseconvictions.com and you will see a crazy corrupt case..

  50. I found out even more disturbing facts on my case. It is hard to believe, but it really did happen. The Intimidation of a Witness case retrial date was not told to me, so the confession would not come out at any trial, even though it came on the calendar twice. Check out http://www.falseconvictions.com and click on the Confession and Victim Impact tabs. You will see a couple of court docs there that really do prove my innocence. I found out through looking at the net that my lawyer petitioned the Supreme Court and did not even tell me that he was doing it nor even told me about the decision that was reached. I have two web blogs, please comment. The sites are blog.falseconvictions.com, blog.iwasfalselyconvicted.com and http://www.wrongfullyaccuse.com. I am very outraged on my findings and will not give up until someone listens and hears this case in court. While I despise someone who would harm a child, this case has hurt me and made the child believe that something happen when he knows full well that nothing happened. Hopefully, the truth will come out soon and set me free.