NY: Clock starts ticking when you move there.

A member just alerted us to a court decision out of New York that addresses the duration for registration of someone who moves to NY from another state.

This member has been waiting ten years to get off the registry in another state so that he can move to NY and live with his fiancee free of registration obligations and public shaming. In late June, the NY Appellate Court decides that the clock resets upon moving to New York. In other words, after waiting it out in another state, his 20 year registration period begins anew once he moves to NY.

The holding is, “This appeal presents an issue of first impression as to the duration of the registration and verification of a level one sex offender who was convicted of a qualifying sex offense in another jurisdiction, registered as a sex offender in another state, and subsequently established residence in New York. The defendant contends that the 20-year period set forth in Correction Law § 168-h(1) must be diminished by the period of time that he was registered as a sex offender in another state. We disagree and hold that the “initial date of registration” referred to in that statutory provision means the initial date of the offender’s registration with the Division of Criminal Justice Services pursuant to New York’s Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA).”

Clearly a bad decision. Hopefully this will not be the last stop in this challenge.

https://nycourts.gov/reporter/3dseries/2022/2022_04183.htm

9 thoughts on “NY: Clock starts ticking when you move there.

  • September 14, 2022 at 11:01 am
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    Missouri is the same actually…

    Reply
  • September 14, 2022 at 11:04 am
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    Question(s):

    1.What states have the shortest duration or least obstacles for removal if someone with a qualifying offense moves there.

    Which states are the worse?

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    • September 14, 2022 at 12:15 pm
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      If we post the answer here, state legislators will get some bright ideas. You can find the answer in the states’ own codes online at NARSOL State Wiki.

      Reply
    • September 14, 2022 at 12:46 pm
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      They dont need our thoughts here for bright ideas.

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    • September 14, 2022 at 2:13 pm
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      Quite a few states will not take you off the registry If the state you committed offense in continuously list you however, some states are really relaxed unlike Florida which is probably the worst followed the Bible Belt. Oregon, Washington Vermont have really relaxed rules even if your stuck on the registry for life.

      https://statewiki.narsol.org/doku.php?id=alabama Click on the sidebar select a state

      Reply
  • September 14, 2022 at 11:37 am
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    In other words, once your punishment ends in one State, it starts all over again of you move to another State.
    Nice.

    Reply
  • September 15, 2022 at 4:45 am
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    BEWARE OF NY

    I also had a major issue when i moved from FL to NY. I did everything i was supposed to, the board decided i should be a level 1, and my useless lawyer who sent a rookie replacement and the DA agreed to the level one as well, so my hearing was supposed to go quick and smooth as everyone was on the same page. Not only did i get screwed, but the judge also changed my classification from just a SO when i was in FL he changed me to a level 2 and classified me as a violent SO. I was and am still so upset that a judge can change your classification from the original case. My lawyer told me that the judge can do what he wants and i can never have that removed from my record. My mistake as I call it was 20 years ago and i was convicted on attempted L&L,as it was only a computerized crime with no victim. My lawyer got covid the day before my case and i had a rookie that they sent to stand in for him. So here i am worse off in NY than i was in FL if you could imagine that!!! I had ineffective counsel and a judge who is making a name for himself because he said he was tired of people on the registry moving to NY. So, before you move to NY rethink your choice. there are very few jobs, and it’s hard to find place to live. I am stuck because i depleted my savings moving to NY and paying for a high price attorney that did nothing, and i am worse off than i was in Florida.

    Reply
    • September 15, 2022 at 9:12 am
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      I had a similar situation when I moved from Virginia to Florida. While I was an SO in Virginia, did my time there, and was eventually removed from the Virginia registry. Had I stayed in Virginia I could now vote. However, the health of my parents required me to move to Florida. While in Florida I have had no SO, however, a judge in Florida declared me a SO and predator. I am on the Florida registry and my voting rights are being withheld. In a state where I have had no offense I am being punished, yet in Virginia I would be free. It makes no sense…which for Florida is not surprising.

      Reply

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