Travel clarifications Part 4
Dear Janice and Chance:
My name is Bruce a.k.a. Atwo Zee, Registered Traveler. I am writing again, this time to offer
clarifications to one of the questions about domestic travel that came up
during your monthly ACSOL zoom meeting on December 17, 2022.
At that meeting there was no
overview of domestic travel because Janice, who usually gives that overview,
had some internet connectivity problems. However, during the question &
answer period after Chance’s overview of international travel, someone asked as
follows (paraphrasing): he said that now that he has got himself removed from
California’s registry he would like to leave the state. He asked about state(s)
where he might get a reasonable deal as a former registrant.
Chance, you correctly warned that
every state has its own laws governing former registrants from other states.
Some states will put you right back on their registry no matter how long you’ve
been off California’s registry. You recommended that before moving to any other
state one should consult with a qualified attorney in that state about the
consequences of a former California registrant moving there.
I strongly agree with that, and I
would like to say more on that subject. And as some of you may know, I have
been researching the registries of the 50 states and 5 territories for several
years now, so please let me offer a few insights.
My offense occurred in Florida,
which has lifetime registry for every offense right down to public urination. True
fact: you can leave or even die, but Florida never takes you off its registry. Two
years ago I bought a summer home in Iowa, in part because I want to travel
domestically and Florida is not very centrally located for that. Iowa, it turns
out, is one of seven states that puts you on their registry either (a) for the
amount of time they would require, or (b) for the amount of time required by
your state of offense (Florida in my case), whichever is MORE. Therefore they
put me on lifetime even though the time period for an in-state offense like
mine would be ten years! The good news for me is that due to a quirk in Iowa
law, I am allowed to apply to get off after 5 years. Yey! Of course, whether
they will approve me is a separate question.
HOWEVER: So – if I get off Iowa’s
registry I’m “free to go,” right?
WRONG! Yes I’ll be free to go – but
ONLY in Iowa! As soon as I cross into another state – say, Illinois or
Minnesota or Missouri – either as a visitor or if I move to that state – I am
immediately subject to that state’s rules. Why? Because most states’ registry
laws require you to comply and register < if you have EVER been convicted of
a registrable offense in ANY state > – NOT if you are on or off the registry
in any other state. So if I wanted to get myself off the registry in a second
state – for example, Georgia – I would have to move to Georgia, get on their
registry, and then follow their procedure to get off. If I were successful,
then I’d be “free to go” in Georgia and Iowa, but every time I traveled back
and forth between those states I’d have to follow the “visitor rules” for all
the states in between – AND whenever I would travel anywhere else in this great
land of ours I’d still have to follow all those state by state visitor rules.
On the Main Page of this site I have two charts, “State and Territorial Visitor Registration Law Guide” and “State and Territorial Visitor Registration Laws for FORMER and LONG-TERM registrants.” This second chart gives you state by state rules for if and how you can apply to get off each state and territory’s registry, including relevant statutory quotes and references. I created this chart because, as time passes and America’s registered population grows and ages, issues related to travel and interstate movement by former and long-term registrants will only grow.
As I said, most states registry
laws require you to comply and register if you have EVER been convicted of a
registrable offense in ANY state. However – there are a ten states whose
registry laws say generally that any offender required to register
in their state of offense is required to register in that state. Presumably
this means that if you are NO LONGER required to register in your state of
offense you would not be required to register in these states. These ten states
are: Arizona, Arkansas, Connecticut, Idaho, Maine, Missouri, Ohio, Rhode
Island, West Virginia and Wisconsin.
However, I echo Chance’s recommendation that before moving to any other state one should
consult with a qualified attorney in that state. I would also recommend calling
that state’s SOR office to obtain a confirmation in writing that you would not
have to register if you moved there.
California is one of the largest,
most beautiful and varied states in the U.S. If you are fortunate enough to get
off California’s registry and you are “free to go” in such a place, my advice
is make the most of it and don’t leave. Consider this – if I do manage to get
off Iowa’s registry that’s where I’ll have my freedom. Not that I haven’t come
to love the Hawkeye State – I have – but it ain’t California!