Relief From Duty To Register For Juvenile Sex Offense or Kidnapping Offense In Washington State

The lawyers of Platt & Buescher can help those convicted of a sex offense as a juvenile obtain relief from the duty to register as a sex offender.

General Requirements:

An offender who committed a class A kidnapping or sex offense as a juvenile when fifteen years of age or older must satisfy the following requirements to be relieved from the duty to register:

(1) 60 months must pass since the case ended or after release from confinement. RCW 9A.44.143(2)(a). (2) No convictions for additional kidnapping or sex offenses. RCW 9A.44.143(2)(a). (3) No convictions for Failing to Register for 60 months prior to asking the court to be relieved of the duty to register. RCW 9A.44.143(2)(b). (4) It can be proved by a preponderance of evidence that the offender is sufficiently rehabilitated. RCW 9A.44.143(2)(c).

For all other kidnapping or sex offenses (i.e. other than class A sex offenses committed at age fifteen or older) the offender must satisfy the following requirements to be relieved from the duty to register:

(1) 24 months must pass since the case ended or after release from confinement. RCW 9A.44.143(3)(a). (2) No convictions for additional kidnapping or sex offenses. RCW 9A.44.143(3)(a). (3) No convictions for Failing to Register for 24 months prior to asking the court to be relieved of the duty to register. RCW 9A.44.143(3)(b). (4) It can be proved by a preponderance of evidence that the offender is sufficiently rehabilitated. RCW 9A.44.143(3)(c).Sufficient Rehabilitation

To be relieved from the duty to register the offender has the burden of proving that it is more likely than not that he or she is sufficiently rehabilitated. RCW 9A.44.143(2)(c); 9A.44.143(3)(c). This is a requirement courts take very seriously.

A court will weigh numerous disjunctive factors when determining whether an offender is sufficiently rehabilitated. Such factors include:

  • the victim’s input
  • recent polygraph exams
  • professional evaluations or risk assessments
  • personal support in the community
  • stability in housing and employment
  • programs for rehabilitation and other treatment participation
  • whether the person has received treatment for sex offenders
  • input from people such as treatment providers, law enforcement, probation or parole officers, and community corrections officers
  • how much time has passed since the crime occurred
  • supervision compliance
  • the person’s criminal history
  • The number of victims, the length of time the offense occurred, and the nature of the offense

It is critical for the offender to be proactive and take good faith steps to become rehabilitated. It is highly recommended that the offender participate in sex offender treatment and other treatment and rehabilitative programs, obtain a risk assessment or evaluation, and possibly obtain a polygraph examination prior to petitioning a court for relief from the duty to register.

Our office recognizes that individuals make mistakes and can change. We are willing to work together with those who are serious about becoming rehabilitated. We consider rehabilitation as a “path” that requires proactive steps that must be walked even after hiring our office.

If you are required to register because of a kidnapping or sex offense committed when you were a juvenile and want to take steps toward becoming sufficiently rehabilitated contact Platt & Buescher Attorneys at Law at (206) 569-8630 or (360) 678-6777 to talk with a lawyer about getting on a path toward obtaining relief from the duty to register as a sex offender.