out of state – NCRSOL https://ncrsol.org Fighting for registered citizens and families Tue, 11 Aug 2020 20:08:39 +0000 en-US hourly 1 https://ncrsol.org/wp-content/uploads/2019/07/cropped-cropped-NCFlag2-32x32.jpg out of state – NCRSOL https://ncrsol.org 32 32 165103099 Grabarczyk v. Stein case harmed by N.C. General Assembly https://ncrsol.org/2020/08/grabarczyk-v-stein-case-harmed-by-n-c-general-assembly/ https://ncrsol.org/2020/08/grabarczyk-v-stein-case-harmed-by-n-c-general-assembly/#comments Sun, 02 Aug 2020 18:36:22 +0000 https://ncrsol.org/?p=4090 By JAMIE MARKHAM — In a post last year, here, I discussed some of the issues related to sex offender registration for out-of-state offenses. Among other things, I noted a federal case in which a registrant challenged the constitutionality of North Carolina’s process (or, really, lack of process) for determining whether a conviction from another state is substantially similar to a North Carolina crime requiring registration. A subsequent case prompted a legislative change that is the main subject of today’s post.

The background rule at issue is in G.S. 14-208.6(4)b.—a conviction from another state is a reportable conviction in North Carolina if it is “substantially similar to an offense against a minor or a sexually violent offense,” which are the main categories of North Carolina crimes that require sex offender registration. A version of the same rule applies for federal convictions, including convictions by court martial. G.S. 14-208.6(4)c.

Read the entire blog posting by clicking here

]]> https://ncrsol.org/2020/08/grabarczyk-v-stein-case-harmed-by-n-c-general-assembly/feed/ 2 4090 North Carolina ordered to remove more than 1,000 from registry https://ncrsol.org/2020/05/north-carolina-ordered-to-remove-more-than-1000-from-registry/ https://ncrsol.org/2020/05/north-carolina-ordered-to-remove-more-than-1000-from-registry/#comments Thu, 14 May 2020 21:55:17 +0000 https://ncrsol.org/?p=3978 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. 
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