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.

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15 thoughts on “Reason: The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible

  • June 7, 2022

    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

    Reply
  • May 27, 2022

    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!

    Reply

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