Terminating Your Sex Offender Registry Requirements in Massachusetts
Is your sex offender registration affecting your access to housing or jobs in Massachusetts? You may be able to end your registration as a sex offender.What is the law in Massachusetts?
The sex offender registry laws in Massachusetts, M.G.L. c. 6 § 178C-178Q, require that all sex offenders that are convicted of certain crimes register as a sex offender within two days of being notified. Sex offenders will be classified as Level 1, Level 2 or Level 3 depending on their dangerousness to the public and their risk of committing a similar offense again. The information that is included in a sex offender’s registration data is their name, birthday, physical description, where the offense occurred, a photograph and fingerprints of the offender to name a few.
Crimes requiring sex offender registration include rape, indecent assault and battery, assault with intent to commit rape, kidnapping a child, drugging persons for sexual intercourse, sex trafficking, and possession of child pornography.How can I Terminate my Duty to Register?
However, the duty to register may expire and the sex offender’s information will then be removed from the registry. Pursuant to M.G.L. c. 6 § 178G a sex offender’s duty to register ends twenty years after the sex offender has been convicted or adjudicated or has been released from custody/supervision, whichever happens later. The Sex Offender Registry Board must establish a sex offender’s risk of reoffense by clear and convincing evidence. See Doe, SORB No. 380316 v. Sex Offender Registry Board, 473 Mass. 297 (2015). The court will then weigh the private interests affected, the risk of erroneous deprivation, and the probable value of additional or substitute safeguards, and the governmental interests. However, if a sex offender is convicted of two or more sex offenses on different occasions, has been convicted of a sexually violent offense, has been determined to be a sexually violent predator, or if they are otherwise subject to lifetime registration requirements then the duty to register will be terminated.
In order to apply to terminate your sex offender registration you must submit a written application to the Sex Offender Registry Board. Through this application you must prove that you have not committed a sex offense within ten years following a conviction, adjudication or release from custody.
In Doe, SORB 76819 v. Sex Offender Registry Board, 480 Mass. 212, the Massachusetts Supreme Judicial Court held that sex offenders seeking termination of their duty to register has a burden of production to show that circumstances have changed and therefore the offender no longer poses a risk to reoffend the victim or to the public.Do I need a Lawyer to Help Me Terminate my sex Offender Registration?
If you are confused about the process to terminate your registration or just believe you could use some help, DelSignore Law. is here to help. He is an experienced defense attorney and the Board of Sex Offender Registration will be more likely to make a decision in your favor if you have legal representation. You can call or text us any time at 781-686-5924.