Termination of the Duty to Register – What Are the Rules?
Ohio’s current Sex Offender Registration and Notification (SORN) law specifically provides relief for certain eligible individuals registered for a conviction of a sexual offense committed on or after January 1, 2008. Relief is limited to the following situations/ applicants:
Possible relief is available for applicants required to register Tier I for fifteen years if the following apply:
- The applicant has registered for ten years;
- The individual completed sexual offense therapy certified by the Ohio Department of Rehabilitation and Corrections; and
- The applicant has not committed any subsequent sexual offenses.
Modification or termination of the duty to register is available for certain eligible adolescents (age 18-20) at the time of an offense of unlawful sexual conduct with a minor (or its equivalent). Eligible offenders must satisfy the following:
- It was a first offense;
- The minor was 14 or 15 at the time of the act, and was a willing participant, and the applicant was not in a position of authority over the minor;
- The applicant was deemed low risk at sentencing, and sentenced to community control sanctions;
- The applicant has completed each and every community control sanction, without committing any subsequent sexually oriented offenses.
Both petitions require a showing that the individual has been rehabilitated and is not a risk, especially to children. Evidence can include:
- Evidence that the applicant was deemed low risk at sentencing using the Ohio Risk Assessment System (ORAS) tool;
- Evidence that the applicant has addressed sexual offending behavior;
- Evidence that the applicant has addressed alcohol and substance abuse issues, if any;
- Evidence that the applicant is a law-abiding citizen;
- Evidence that the applicant is gainfully employed, or is a full-time student;
- Evidence that the applicant has maintained a stable residence;
- Evidence that the applicant has paid child support and alimony, if any; paid taxes; maintained financial responsibility for a vehicle; etc. and
- Evidence that the applicant has a support system and stability in his/ her life.
There are no other petitions for relief or termination available, either for offenses before 2008 (pre-AWA) or after January 1, 2002 (AWA tier levels).