The perils of moving to another state – even after you’re removed from your own state’s registry

By Atwo Zee, Registered Traveler

Originally posted at NARSOL.org

A recent NARSOL Digest (Oct/Nov 2024) “Legal Corner” article (Page 5) discussed the case of a man who successfully had himself removed from Michigan’s registry, then moved to Alabama.  Three years later he was arrested in Alabama on a failure to register felony. Now he asks from his prison cell, how can this be? “I should not be in prison for failure to register because I have no registration obligation.”

The Digest’s answer is on point: “Unfortunately, when you left Michigan, that state no longer controls your plight …”  Since many former registrants mistakenly believe there will be no consequences from moving to a new state, this example should be an object lesson that this really can happen to you.

The problem is that state registry laws contain language saying one of two things. Either:

(A) (paraphrasing) If you are required to register in the state where you offended, then you have to register with us if you move to our state, or

(B) (paraphrasing) If you were EVER CONVICTED of a registrable offense in another state, then you have to register with us if you move to our state.

The bad news is Option B is by far the larger group--38 states and all five territories.  Option A includes only 12 states.  Even here there’s no way of knowing how much mischief state and local law enforcement can do to throw roadblocks in the way of exercising your right to travel.  You should consult an attorney specializing in registry issues in your destination state.

Within the larger group of 38 states and five territories, it turns out there are subgroups.  The two largest are: (a) states which have a stated time period after which a registrant is (supposedly according to statute) AUTOMATICALLY removed, AND this includes out-of-state offenders (16-19 states depending on how you count them), and (b) states which have a stated time period after which a registrant is (supposedly according to statute) allowed to PETITION for removal, AND this includes out-of-state offenders (15-17 states).

In an ideal world, a person who has served the requisite amount of registry time in the state of conviction should be eligible to petition a court in the destination state that he/she has fulfilled the registration period and that there would be no registration obligation. The reality is that this option is not likely to be successful because courts generally do not render advisory opinions. They view such endeavors as a waste of judicial resources when there is no actual ongoing controversy to be resolved. In Option B you have the right to petition after the stated time period, but there’s usually no guarantee.  I can only imagine that few of these states would allow you to swoop in at the airport and head for the nearest courthouse to get off their registry.  Some laws state a time period for out-of-staters to establish residency before you can apply.  Again, consult an attorney specializing in registry issues in your destination state.

If you have been removed from the registry in the state where you offended, you are “free to go” - but ONLY in that state.  If you travel out of your state for business or pleasure, you still have to conduct yourself as if you were still on the registry, because unfortunately most states will view you that way. 

If you have been removed from the registry in the state where you offended and you choose to move to another state, you will immediately become subject to the registry laws of your destination state, which in most cases means all your previous hard work getting yourself off your home state’s registry will be lost and you’ll be back to square one.  Your best option is to stay put, no matter how disgusted you may be with the state where you suffered on the registry for so long.

More information about state SOR laws applying to out of state former and long-term registrants can be found at this website, on the main page, Chart #2 - "State & Territorial Visitor Registration Laws for FORMER & LONG-TERM Registrants."  However, for anyone considering a permanent move to another state, any information you find online - including at this site - should only be the starting point for further research in consultation with an attorney specializing in registry issues in your destination state.