Question

If I’m Currently Registering As A Sex Offender, How Can I Get Relief From Registration In Oregon?

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Answered by: Jesse Lohrke

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Answer

The requirement to register as a sex offender can often impact every area of an individual’s life. 

Renting an apartment can be difficult. People registering must check in with the state police annually and update their address any time it changes. This information may be available to the public. 

Sex offender status can also have an impact on employment. The conviction will be visible on background checks, making it difficult or impossible to find employment in certain industries. Mistakes in reporting for registration can lead to additional convictions and make it even more difficult to find good employment.

Considering all this, it is not difficult to imagine what sort of a positive impact not having to register as a sex offender would have on an individual’s life. 

Fortunately, many individuals who are currently required to register are eligible to petition for relief from sex offender registration. 

Who Can Get Relief From Registration? 

Determining who is eligible for relief from sex offender registration in Oregon can be complicated, but generally speaking, the individual may qualify in most circumstances if the following apply: 

  • The applicant must have only been convicted of one single sex offense (or a set of charges tied to one case). Someone who has been convicted of a sex crime more than once will not qualify.
  • The applicant is eligible to apply five years after the end of the probationary period. However, there may be certain circumstances under which an individual is eligible to apply before that.
  • In Oregon, there are different categories of sex offenses. The most serious of those is a Level 3 offense. Level 3 offenders will never be eligible for relief. (However, they can work their way down to a Level 1 risk level, which allows them to get off the most publicly available registry online.) 

The majority of those who qualify will qualify after five years have passed since the end of their sentence. There are certain cases where the individual must wait 10 years. 

What Is The Process Of Applying? 

In the relief from registration process, a review board wants to see that the petitioner has a support network, is employed, has housing, and generally leads a stable, law-abiding life. Proving this will require 

  • Gathering character letters
  • Providing information about housing and employment
  • Providing details about the underlying offense 

The petition and supporting documentation will be reviewed by a panel after submission  to the Board of Parole and Post Prison Supervision (BOPPPS). The petitioner will also need to attend a mandatory hearing, which may be held in person or over the phone.

You Can Only Apply Once Every Three Years 

If the petition is denied, the petitioner must wait three years before reapplying. 

For this reason, it is highly advisable to work with an attorney to help ensure the petition and all forms are completed correctly, all necessary information is provided, and that deadlines are met. 

Once relief is obtained, an individual won’t have to keep updating state police when they move or checking in annually. They won’t have a red flag on their record in law enforcement database systems. They can go about their lives without their criminal pasts haunting their futures.

In a brief consultation, eligibility and costs can usually be determined. Additional information can be found at www.lohrkelaw.com or by scheduling a free consultation with Jesse Lohrke.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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