North Carolina ordered to remove more than 1,000 from registry

By Robin . . . Congratulations to NARSOL’s attorney, Paul Dubbeling, who has successfully challenged the constitutionality of registering individuals who moved to North Carolina prior to December 2006, with convictions from out-of-state. Federal District Court Judge Terrence Boyle signed an order yesterday (May 12) agreeing that these individuals (more than 1,000 of them) were placed on the N.C. registry without due process and must be removed. NCRSOL was responsible for contacting the registered members of the class in order to request feedback from them as a means to affirm that nobody in the class received any sort of process before being placed on the registry by a county sheriff or his/her agents. We are very pleased that Judge Boyle agreed with our position in this matter and granted the relief we sought.
 
Is it hereby ORDERED, ADJUDGED, and DECREED that defendants, their successors, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice hereof
 
(1) SHALL REMOVE plaintiffs and the class members’ names and other information from the North Carolina Sex Offender Registry, and are further 
 
(2) ENJOINED from prosecuting plaintiff or the class members for any offenses applicable only to registered sex offenders based upon their registration on the North Carolina Sex Offender Registry solely because of a prior determination that their out-of-state offense committed before December 1, 2006, is substantially similar to a North Carolina offense requiring sex offender registration. 

Dwayne Daughtry

Dwayne is NCRSOL's Executive Director. Dwayne holds a Bachelor's degree from Arizona State University and a Master’s degree in Public Administration from the University of South Dakota. He is currently working towards his Ph.D. in Public Policy. He is an active advocate and lobbyist in the halls of the U.S. Congress and North Carolina legislature. Dwayne is a veteran of the U.S. Army.

Dwayne Daughtry

11 thoughts on “North Carolina ordered to remove more than 1,000 from registry

  • Avatar
    July 23, 2020 at 8:41 pm
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    One last comment. The Feds did all but expunge my records. They are in a vault in Atlanta. You can internet search me and find little. You may be able to find a 2004 federal court decision upholding the lower court ruling. You will still find me on the NC registry, though NC. law enforcement people cannot tell me why and are confused when they look at it. 15 years later.

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  • Avatar
    June 15, 2020 at 12:28 pm
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    Since it’s been 30 days, any updates on if the state appealed? Thanks for any information.

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    • Robin Vander Wall
      June 15, 2020 at 3:26 pm
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      The state filed a motion to stay Judge Boyle’s order on May 26. A response was filed on June 3. Still waiting for a decision from Judge Boyle’s on the state’s motion. On June 11, the state filed a notice of appeal to the Fourth Circuit Court of Appeals. If Judge Boyle does not grant the state’s motion to stay, his order will be executed barring any attempt on the state’s part to appeal a denial.

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      • Avatar
        July 23, 2020 at 7:58 pm
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        Hi. I may be a part of this suit, NCRSOL contacted me personally via mail a couple years ago including a statement that I returned promptly. Spoke with a lead member of NCRSOL too at the time. Definitely fall under this umbrella… My income is very limited. Never heard back from NCRSOL…

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  • Avatar
    May 18, 2020 at 1:11 am
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    well that’s good news for me. That means since I registered in 5/2006 in NC I can move to NC and not have to contact anyone? Or how do I proceed if I decide I want to move back? My offense was in 93 from Fl. And I can also change my name I guess now?

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    • Dwayne Daughtry
      May 20, 2020 at 4:38 pm
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      Sit tight until you are contacted by the attorney generals office or other means. It is in their hands now. The state has the right to appeal the case, which could drag on for an unspecified period.

      As for legal questions (ie. name change, moving, etc…), we are not attorneys. You may want to consult an attorney for such questions.

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      • Avatar
        June 15, 2020 at 12:56 pm
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        Not to be a downer, but even if they don’t appeal, can’t legislatures just rewrite the law to re-include out of state offenders. Seems like that’s what NC does whenever challenged.

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        • Robin Vander Wall
          June 15, 2020 at 3:24 pm
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          The N.C. Legislature is very likely to address the situation by attempting to create some kind of process that can be applied retroactively as a result of the outcome in this case. Yes, that would set up a whole new opportunity for another constitutional challenge. This is sort of the way it works. The end game is to gradually box the state into a corner where it’s either too difficult or too costly for it to avoid providing the due process that placing a person on a sex offender registry should require as a matter of right.

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    • Avatar
      July 23, 2020 at 8:08 pm
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      Hi. I may be a part of this suit, NCRSOL contacted me personally via mail a couple years ago including a statement that I returned promptly. Spoke with a lead member of NCRSOL too at the time. Definitely fall under this umbrella… My income is very limited. Never heard back from NCRSOL…

      Was convicted out of NC State jurisdiction in federal court for bloated indecent exposure charge. Feds incorporated NC law into there court to make it felony. Ordered to report to NC Sherriff upon release of prison to register. Sheriff had no idea why I was there… Had to give him my Fed probation officer’s name and number… Then wait. Then picture, fingerprints, etc. Was registered. 15 years ago. NC Sherriff tries to pull up history and is stupefied.

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  • Avatar
    May 15, 2020 at 11:08 am
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    So good to hear about this successful step forward. Thanks to Paul Duebbling and his dedication to the cause of NARSOL and NCRSOL, and all who have supported him!

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  • Avatar
    May 14, 2020 at 8:44 pm
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    Virginia does the same thing. My son (minor charged as adult) for indecent liberties against a minor….Is now 34 yrs old. He relocated to VA where he is required to register as a “VIOLENT Sex offender” due to “victim” being a minor. My son currently sits in prison for failure to register when he shouldnt have to register at all. That offense was about 20 yrs ago, NC (the convicting state) sentenced him to register for 10 yrs. The registry causes irreparable harm to the registrants AND their families. It does not prevent sex offenses from happening. Its very costly to boot.

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