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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92624
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have questions about Sex Offender Laws in North Carolina.

Customer Question

I have questions about Sex Offender Laws in North Carolina. Need a lawyer in NC that knows those laws very well.


 


First, I am a registered sex offender in Texas.  Off probation for over a year now.  probation ended Feb 18, 2012  (10 years.)


 


I understand I am to register with the County Sheriff in NC, not the city?


 


I was under deferred adjudication for aggravated sexual assault of a child by age.


 


Does this mean I and my wife cannot have the grandkids over to stay once we move there?


 


(Note I am willing to pay upwards of $120 for answer that are accurate)


 


I have more..


 


The county sheriff stated we could not stay with my wife's Mom due to a couple of home based daycares.  Is this correct?


 


I run my own business - from my home (once we have one in NC) doing independent contractor IT work for vaious companies.  Is there anything unique to NC I should know?


 


From what I saw, there seems to be a lot of dates, of before such-and-such, then some things do not apply.  I was placed on deffered adjudication on Feb 18, 2002.  My offense date was Feb 13, 2001.  How does that maybe play into registration and such?


 


Here in Texas I am set for lifetime regitration.  The way we read is either I have to register in NC for 30 years, or I can even petition for a release from regitsration after 10 years at same home in same county in NC?


 


Sorry for so many questions, but I am a sex offender that actually wants to do right and not "screw up" in any way.

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the NC General Statutes, Article 27A of Chapter 14, the reporting is to the county sheriff, as you have read. The county sheriff maintains the sex offender registry.

Unfortunately, the NC general statutes while they do not include home based schools in prohibitions from living near a school, they do include home based child care facilities. Thus, if there is a home based child care facility in the area, you could not reside there unless you were living in the place first and the child care facility opened after you resided in the neighborhood.

Your grandchildren, unless the offense was committed against a grandchild, are prohibited without permission from the court. The law states you can only be around your own children, it does not mention grandchildren, so that would require court permission and with court permission you can have them over.

NC GS 14-208.6(4)(b), states a person convicted out of state must register in NC as long as they are required to register in the state of their conviction. This is the simplest rule that you have to abide by because all of the dates you keep reading are for convictions in North Carolina, they are not applied to out of state convictions which you fall under.

If you run your own business out of your home, NC has no restrictions on home based businesses and nothing special for a sex offender running the type of business you are seeking to run.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92624
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks so much, your helping a lot.


 


I need to ask for you to help me understand. So we cannot keep the grandkids at all... Like not even two or three hours while their Mom does an errand or such? Also, with that said, it is ok for the grandkids to be over with their Mom correct?


 


Also, some more info to help you..


 


The offense was against my 11yr old daughter. I also have a son, whom was 9 at the time.


 


The court allowed, once classes were completed, for my wife to be a court approved chaperone. Does this have any bearing in NC?


 


I passed all of my required, every 6 months, polygraphs and completed 9.5 yrs of court ordered therapy. Do these have any bearing on matters in NC?


 


Also, and this is more of a general question, when I was on probation, I had restrictions about parks, beaches, museums, etc. Now, from everyone I have talked to and those during my probation; I do not have such in effect here in Texas. But, I seem to find that NC laws pretty much have me on restrictions as if I was still on probation... True?


 


I am not one of those sex offenders that feels like I am a victim or such. I did wrong and I know it. I know I must obey and follow rules, so I want to get all of this right.


 


Also, in regards XXXXX XXXXX If I get a service call for a residential client. Is it ok to carry out the call in their home?


 


God bless and thanks again.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and follow up.

You would need court permission and have it written into your order about being allowed to see or be in the presence of your grandchildren. That is something the courts readily do make exception for as long as the victims of your crime were not your grandchildren. It is done by filing a motion with the court asking the court to enter an order you can be in the presence of you grandchildren.

Their mom can bring the grandchildren to visit but you cannot be left with them unattended.

I am afraid that the therapy and classes would not really matter in NC, just like it really does not change the rules in Texas either. The fact your wife completed the program just means that the court can grant exception for you to be around your grandchildren in your wife's presence.

The NC law is very restrictive about places where children are present, much more so than Texas and it appears you have seen the list already, but if you are caught at any of those places they will charge you and NC is not very forgiving.

You can carry out the call in a client's home but you cannot do so if they have a child present without their parent.

Customer: replied 1 year ago.

Would the motion require a lawyer? How long and complicated is such? How much money does such usually cost? Would we do such in NC or file from here in Texas - we are hoping to move out that away at first of Aug.


 


During the time I file and wait for the court to decide, would I be allowed to see them with either my wife or their mother with them?


 


Also, how much, if any, would a letter from my ex-probation officer help in any way with matters?


 


Finally, how do I pay you more for this question. I want you to know how much we appreciate your help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

Yes, I am afraid filing the motion would require an attorney in the Texas court to get the order approved and then when you get to NC, you would have to file that order in the NC court as a petition to domesticate foreign court order for them to recognize the order of the Texas court.

Until you get the order you cannot be around the children.

The letter from the probation officer would be good support that you are not a danger to the children or grandchildren.

You can leave a tip or leave feedback and I believe you can do that by clicking on the feedback button. If you have problems with it, please contact customer service and they will assist you as the experts really see a different screen than the customer.
Customer: replied 1 year ago.


Only final question I can think of, is in regards to residence:


 


When we move out there, we will need to stay in a hotel or motel until we find a place not within 1000' of "children places". Is this ok under NC law that a sex offender have a motel or hotel for a registered address?


 


What about any quarks, like no swimming pool in the place/


 


God bless and thank you!!

Expert:  Law Educator, Esq. replied 1 year ago.
You can stay in a hotel, but it cannot be someplace near any children places. Swimming pool at the hotel does not count. You need to consider finding a place and getting that arranged before you move as it will make things much easier for you when you get to NC.

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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience