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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I am a tier level 1 registered sex offender in Nevada

Customer Question

Hi I am a tier level 1 registered sex offender in Nevada for indecent exposure. I'm required to register until October of 2017 that's 15 years and my registration would be complete. My question is I want to move to Arizona, maricopa county either now or after October of 2017 when I complete my registration in Nevada, do I have to register in maricopa county or even let anyone know that I'm moving here? Since my registrants in Nevada would be completed by completed time and from what I read the laws in maricopa are the same when it comes to tier 1 registration time period which happens to be 15 years and some laws day even 10 years. Thank you in advance
Submitted: 5 months ago.
Category: Legal
Expert:  Phillips Esq. replied 5 months ago.

If you move now before your registration is complete, you must also register there. You must notify the authorities in Nevada that you are moving. However, if you move after your registration requirement has been completed, you do not have to register.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 5 months ago.
If I move after its completed in Nevada and move to Arizona do I have to let anyone here know that I moved here or just not do anything? Also if I choose to move any other state that has 15 year time can I still move one of those states and not let authorities that I moved in their state/city?
Expert:  Phillips Esq. replied 5 months ago.

If you have satisfied your registration requirements in Nevada, you do not have to notify anyone that you are moving unless you are required by Nevada to do so.

Customer: replied 5 months ago.
Here's the thing though Nevada says I have to ask Arizona
Expert:  Phillips Esq. replied 5 months ago.

Give me few minutes to double check Arizona Statutes and get back to you.

Expert:  Phillips Esq. replied 5 months ago.

Arizona Revised Statutes Section 1325 requires that the State of Nevada forward the information about you to the State of Arizona.

http://www.azdps.gov/Services/Sex_Offender/Laws/#Notification

Customer: replied 5 months ago.
But that doesn't answer my question. After I complete my registrants worth Nevada and decide to move to Arizona what do I do go back to the registration and let them know I'm moving to Arizona then let Arizona know that I'm there? Even though I would no longer require to register in Nevada? Please be specific thank you
Expert:  Phillips Esq. replied 5 months ago.

I will opt out and give another Attorney the opportunity to further assist you.

Customer: replied 5 months ago.
Thank you and if possible I would also like to know what counties or states I can move without letting the authorities know that way I can see what my options are in regards ***** ***** That's the whole point once my registration is over I like to move to certain places that I don't have to inform about myself to the sheriff's office and not be worried if I get pulled over for a traffic violation that I wouldn't be in trouble for not informing my move to that specific state/county
Expert:  Sam replied 5 months ago.

Hello

This is Samuel. I see your prior professional has opted out of this question. I am researching the matter to see what the process is once a registrant has successfully completed the 15 year registration process. I will respond here once I have gathered that information.

Thank you.

Expert:  Sam replied 5 months ago.

Ok. So this is the scoop as per the NV State Sex Offender Registry at(###) ###-#### ***** new legislation that was passed AB579 requires all tier one registrants to be be tier 3. However, as of Friday there was a "Stay" implemented. And that means 579 is on hold. However, because of that NV has reverted back to Life time registration for all offenders required to register.

Additionally, had there not been a reversion back to lifetime registration and had there not been a AB579, any sex offender who was ordered to register whether for 15 years, 25 years etc and they successfully completed their registration would have received a letter to that effect. BUT even though they would be able to move without notifying NV authorities, they still are required to follow the laws of the state they move to and it would be up to that state to decide if they would need to register or not.

I know this is not what you were hoping to hear. But that's the true and correct information.

Currently, you can Petition the court for early termination of the registration requirements in NV under the following statute - but you would still need to notify any other state as per their laws should you move.

NRS 179D.490  Duration of duty to register; termination of duty; procedure; exceptions.

1.  An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

2.  Except as otherwise provided in subsection 3, the full period of registration is:

(a) Fifteen years, if the offender or sex offender is a Tier I offender;

(b) Twenty-five years, if the offender or sex offender is a Tier II offender; and

(c) The life of the offender or sex offender, if the offender or sex offender is a Tier III offender,

Ê exclusive of any time during which the offender or sex offender is incarcerated or confined.

3.  If an offender or sex offender complies with the provisions for registration:

(a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender; or

(b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender,

Ê during which the offender or sex offender is not convicted of an offense for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction the offender or sex offender resides or, if he or she is a nonresident offender or sex offender, in whose jurisdiction the offender or sex offender is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository or appropriate agency of another jurisdiction establishes a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

4.  If the offender or sex offender satisfies the requirements of subsection 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender or sex offender satisfies the requirements of subsection 3, the court shall:

(a) If the offender or sex offender is a Tier I offender, reduce the period of time during which the offender or sex offender is required to register by 5 years; and

(b) If the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, reduce the period of time during which the offender or sex offender is required to register from the life of the offender or sex offender to that period of time for which the offender or sex offender meets the requirements of subsection 3.

Expert:  Sam replied 5 months ago.

I don't know what other information I can provide for you. But please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

Customer: replied 5 months ago.
Hi I appreciate your detailed respond but again did not specifically answer my question. This was my original question I can repost. It basically requires a yes or no answer.Hi I am a tier level 1 registered sex offender in Nevada for indecent exposure. I'm required to register until October of 2017 that's 15 years and my registration would be complete. My question is I want to move to Arizona, maricopa county either now or after October of 2017 when I complete myregistration in Nevada, do I have to register in maricopa county or even let anyone know that I'm moving here? Since my registrants in Nevada would be completed by completed time and from what I read the laws in maricopa are the same when it comes to tier 1 registration time period which happens to be 15 years and some laws day even 10 years. Thank you in advance
Expert:  Sam replied 5 months ago.

Yes. Unfortunately, there are no more tiers and because of AB 579 on "stay" meaning not being implemented all sex offenders are now required to lifetime registration in NV. So come October 2017 you will still be required to register unless something breaks with the AB579 and in that case you will be notified in Oct 2017 that you are free and clear of any registration as you have successfully completed you registration.

HOWEVER, that will not mean that you do not need to follow any and all laws as they pertain to registration in another state. So you would need to advise AZ or any other state that you have been required to register in NV and it will be up to the individual state to require registration under their laws or not.

Expert:  Sam replied 5 months ago.

NV laws are a real mess at this time because AB 579 would have required tier ones to register as tier 3's. And it was taken to court but there was no resolve. Therefore, the new law was placed on a "stay" or hold if you will until they can figure out the Constitutionality of the law. Therefore, what NV has done is reverted back to lifetime registration. But nonetheless you would be required to advise any new state you move to. All sex offenders are listed on the National Registry. So if you were to get a traffic ticket for example in AZ or any other state, it is possible it would be revealed that you were required to register in NV and you could be charged with not informing local officials that you have moved.

I know it is not what you want to hear, or were hoping for. But until NV gets it all straightened out in the courts, the fact is you are now required to register for lifetime. There are no more tiers.

Expert:  Sam replied 5 months ago.

I suggest at this time, you consult with a local attorney and see if you are still able to petition the courts for early termination from your NV registration. But that will not mean you do not need to advise any other state that you have moved there. And that is according to the NV Registry officials who I spoke with earlier. All sex offenders in any state must advise any other state that they were required to register, what the crime was and would they be required to register in that state. If by the time you move to AZ, NV is still under the lifetime registration for any and all offenders than you certainly would be required to register in any state, including NV.

Expert:  Sam replied 5 months ago.

Here is a link to the most recent news account on the issue. I suggest, when you read the article there is the name of the attorney who is representing current registrants in this matter and you should consider consulting with her on the matter and possible representation.

Customer: replied 5 months ago.
I'm not as interested in Nevada laws as I am in Arizona some that's where I want to move to in 2018. The reason I brought up Nevada is of my registration requirements. I actually spoke with someone at the number you also mentioned 2 weeks ago and they informed me tier 1 which is also me is only 15 years and 2017 would be my last registration. My real concern is after the 15 years is completed here in Nevada and I decide to move to Arizona what are their laws regarding tier 1 registration requirements. If it galena to be 10 or 15 years then why do I have to inform them for moving in their state. Isn't not required to register means not required to inform about your moved into Arizona as well?
Expert:  Sam replied 5 months ago.

Ok. Well, under AZ laws you have to notify them that you are a registered sex offender in NV. And you will need to follow their laws. AZ laws require that if you are going to be in the state/area for more than 10 days that you notify the local sheriff and your would be required to register. Here is the LINK for the AZ Megan's Law and it states that anyone from Out of town must register within 10 days of arrival.

Expert:  Sam replied 5 months ago.

And it states the following:

All persons required to register pursuant to this section are required to register for life except a person who is required to register because of a conviction for the unlawful imprisonment of a minor or the kidnapping of a minor. Absent additional or subsequent convictions a person convicted of either of those two offenses must register for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations.

Expert:  Sam replied 5 months ago.

So yes, you would be required to register in AZ even if you are no longer required to register in NV -

Customer: replied 5 months ago.
I don't understand why your answer changes every time. No offense but according to the law you just sent me it states 10 years not even 15. I have read the laws that's why I wanted to clarify with an attorney by getting a straight answer and I have explained my situation so there is no excuse on not knowing my situation in order to give an answer. If I move now then yes I would be required to let them know since I'm still required to register in Nevada. My question is when I complete my Nevada requirements then And only then I move to Arizona I wouldn't have to notify anyone would i? Since I no longer would require to register. Please take your time then elaborate on my answer so far I'm not getting an answer because my question is not being completely understood by you.
Expert:  Sam replied 5 months ago.

Well, my answers are very consistent. And they are true and correct. I know this is not what you were hoping for.

Expert:  Sam replied 5 months ago.

AZ is 10 years. You are 15 with NV. But you must notify AZ if you are there more than 10 days.

Expert:  Sam replied 5 months ago.

And you will be required to notify them if you move there. You are on a National registry as well as in NV. And each state when a name is ***** ***** see the National database information. Now, because AZ has a 10 year registration could mean you would not be required to register there. But you must notify them.

Customer: replied 5 months ago.
If it's 10 years or 15 and 15 has been up then why notify
Expert:  Sam replied 5 months ago.

You want to know if you have to tell AZ you are there and that answer is yes - and that is because all state laws are subject to change. And there is no guarantee that in 2018 the registration will be for 10 years. They might change by 2018.

Expert:  Sam replied 5 months ago.

And so while you have 15 in NV - which is now in the interim lifetime - you need to notify AZ or any other state that you are moving there - laws are subject to change. I am trying to make this as clear as I can. And I know it is not what you were hoping for. But that's the situation, unfortunately.

Expert:  Sam replied 5 months ago.

Once you have successfully completed the registration in NV you will be mailed a letter and you can take that with you to AZ, if AZ is still 10 years than more likely than not you would not need to register. But you must inform that you have moved there. I don't make the laws.

Customer: replied 5 months ago.
Well thank you anyways I think it'll be just easier to go down to az and ask them in person
Expert:  Sam replied 5 months ago.

If you do not advise AZ that you have moved there, you could be charged with a class 4 felony.

Expert:  Sam replied 5 months ago.

Thanking you in advance for a positive rating for my time.

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