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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114775
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In October 1997 I received an 18 month SIS and 18 months probation

Resolved Question:

In October 1997 I received an 18 month SIS and 18 months probation and 10 years of sex offender registration for a 3rd degree sex offense (State of MD). Completed probation in April 1999. Registration later changed to lifetime and I was put on sex offender website when it was established. My question is.....If my record is not available to the general public since I successfully completed my probation, can the State legally be able to include me on the publicly accessible sex offender website?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
Yes and this has been a very hot issue for the ACLU and other civil rights activists, but to date they have failed in all court challenges on this matter. Even if your probation was completed and your physical record of your case is not available, the sex offender registry as established by law can and does require publication of a person on the website as a sex offender when they have been subject to a lifetime registration. The courts have upheld the change to lifetime registration when a person had been sentenced under the older laws and the reasoning used is that is is a "public safety issue," and said it was not an ex post facto law because the person had violated the law, had been sentenced to the sex offender registration and the law was merely doing away with the registration for a term and making it a lifetime registration and ex post facto meant that something was not illegal yesterday when you did it, but it becomes illegal next week and they try to punish you for something you did when it was not illegal to do it and this is not the case here. The only way off the registry is to apply for a full pardon from the Governor's office with full restoration of rights and removal of all disabiliites of registration and these are granted, but rarely.

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