See below for further explanation of this procedure under RCW 9A.44.142 regarding "adult" offenses, which applies equally to all convictions whether in adult or juvenile court. What Does a Juvenile Have to Prove to Get off Registration? What is the Burden of Proof for Juvenile Petitions?
Prior to 2001 the law in Washington made a distinction between offenses committed by juveniles 15 years or older at the time of the offense, and those under 15.
(The burden of proof for petitions under the "adult" statute is still clear and convincing evidence.)Under the 2011 amendments in SB 5204, 9A.44.143 will read:(c)The petitioner shows by a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders. What are the Factors the Court Considers in Deciding the Petition?
Prior to 2010 the statute provided very little guidance regarding what the petitioner had to demonstrate in order to prove they did not belong on the sex offender registry.
Striking the duty to register is a complicated process and we recommend you consult with counsel to navigate this.
Due to the number of calls we receive, we ask you fill out this questionnaire and we will respond to you by phone or email, generally within 48 hours.
As amended in 2011 by SB 5204, 9A.44.143 now reads:(3) For all other sex offenses or kidnapping offenses (Gross Misdemeanor, Class C and Class B) committed by a juvenile not included in subsection (2) of this section, the court may relieve the petitioner of the duty to register if:(a) At least twenty-four months have passed since the petitioner's adjudication and completion of any term of confinement for the offense giving rise to the duty to register and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses;(b) The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the twenty-four months prior to filing the petition; 3.
Out of State and Federal Juvenile Convictions-Same as WA convictions.In 2010 the Legislature adopted a rather exhaustive list of illustrative but not mandatory factors that the Court could consider, which focus on how well the offender has reintegrated into society. Lifetime Registration for SVPs and the use of force.The Sex Offender Policy Board recommended these criteria based upon the literature regarding static and dynamic risk factors, and the precept that offenders who successfully reintegrate into the community are at generally low risk to reoffend. Most offenders convicted of sex or kidnapping offenses in adult court may petition the court to be relieved of registration, but there are offenders who will have a duty to register for the rest of their life under the current law in Washington.This isn't always easy, and carefully preparing your petition to fully tell your story is often the key to success in these petitions. Who Can Petition under the Juvenile Statute for Relief from the Duty to Register as a Sex or Kidnapping Offender?Under 9A.44.143, which governs relief from registration for offenses committed while the person was a juvenile and prosecuted in juvenile court, any offender who makes it for the requisite period of time with no new sex or kidnapping offenses, and no failure to register convictions, can petition for relief from their duty to register. Offenders over 15 years old with Class A Offenses-Five-Year Wait.9A.44.143 was amended again in 2011 to increase the waiting period for a juvenile offender who is 15 years or older at the time the offense was committed from two years to five years, (five years being the waiting period to seal a Class A sex offense as well).The law in Washington has allowed those convicted of sex and kidnapping offenses to be relieved of that duty under certain circumstances since sex offender registration was first imposed in the Community Protection Act of 1991.