Reason: The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible
Twenty-six years ago, when he was 23, a California man was convicted of a crime involving sexual contact with a 16-year-old girl. The federal government says he therefore must register with the state as a sex offender. But California says he can’t, because the state subsequently expunged his record and issued a “certificate of rehabilitation,” meaning he is no longer covered by California’s registration requirements. For failing to do the impossible, he faces the risk of federal prosecution, which could send him to prison for up to 10 years.
According to a federal lawsuit that the Pacific Legal Foundation (PLF) filed this week, that Kafkaesque conundrum, the result of new Justice Department regulations that took effect in January, violates the separation of powers, which prohibits executive-branch agencies from writing the laws they enforce. The complaint, which identifies the main plaintiff as “John Doe,” also argues that the department’s regulations violate the right to due process, since they hold him criminally responsible for something he cannot control, and the First Amendment, since they require him to report his internet usernames, which would prevent him from engaging in anonymous online speech—including commentary about the maddening situation in which he finds himself.
I use to laugh at people who claimed the government was “Out to get them”. Well now I am a believer and am one of those who believe, once you cross the radar of any kind of authority, you are fair game for their targeting. And we all know, anyone with a sexual offence are the most susceptible to their tactics.
This is exactly why I try and keep a low profile. I have been in the past a target of law enforcement to the point of moving, which I said to myself I would never allow them to do to me. They made it personal. Now I hide in the shadows and keep to myself.
Same here. Hendry to Glades County. But I fight from the shadows. I write and inform both Sheriff’s monthly.
To:Greig
Not sure what you are doing, but keep up the fight and don’t flinch since they look for any little bitty thing to catch you with. Their line in the sand keeps getting moved more and more towards entrapment.
Someone on here yesterday posted that officers showed up at their door stating they did not register. Luckily this person still had their registration papers from how many years ago that date was they claimed no registration. I have seen guys at registration, as soon as they get outside the Sheriff’s compound, throw their papers in the trash.
I make several copies and keep one in my safe and another in my parents safe. Problem now is, I have so many I have to file them in file boxes. 25 years of registering is a crock. That is like 90 registration packets that a while back I put in one pile just to see and it was 19″ tall. Be glad when if ever off it, I can have a huge bon fire party 🙂 No recycling this time.
We made ‘Reason’! TY Janice Bellucci & ACSOL!
Ok new nonsense this is absurd he had his record expunged. I dont understand why the DOJ cares about his registration
Just utter nonsense
still not a punishment????????????????????
i know someone who is the same boat in ga. attys dont know how to help him
They courts said denied a hearing bc its outta their jurisdiction. They said its a federal issue… havent found any attys to take the case on federal level.
Why not just contact the attorneys who were involved in filing this very lawsuit to which you are responding? Contact Janice Bellucci with ACSOL.
Let’s please avoid using this forum to provide someone with legal advice, particularly if that legal advice runs contrary to the very attorneys that have just brought this lawsuit. Contact the relevant attorney(s) instead.
Thanks Jacob – I deleted the comment. It was from a commenter who frequently needs to be moderated out but he or she has started changing up the usernames so it’s more difficult to catch.
Department of Justice
What an oxymoron!
I hope they shove this down the AG’s throat. Also, let him know of ALI passing the recommendations this year!
Greig
They somehow overlooked two letters. I & N, IN-Justice.
I guess I’m lucky that my “independent duty to register” under Federal SORNA expires in less than 2 years (25 years from the date I was sentenced to community control in April 1999). I wish my Florida requirement did as well. I still have 8 and half years before I can petition for removal.
Sounds like the Supremes will have to Chime in! I will NEVER return to the U.S. until my 20 years in NY are up in 2031, and I no longer have to register! I PRAY the Supreme Court overturns the takeover and interference in all State Matters, just like they are about to do with abortion!
Ok something is off. Did this guy really receive letter, or are they filing this “just in case”. Why would he be the only 1 to receive it? I haven’t heard anyone else mention this