Chapter 3: What Does Registration Mean?

A person who has a duty to register must appear in person at the county sheriff’s office during normal business hours in their county of residence and provide the following:

• Name including any Aliases
• Date and Place of Birth
• Address/Place to Stay if No Fixed Address
• Place of Employment/School
• Crime of Conviction
• Date and Place of Conviction
• Photograph and Fingerprints
• Social Security Number

Depending on your living situation and level of registration, you could be required to report weekly to local police or sheriff office for sex offense reporting. RCW 9A.44.130

Law enforcement will take your photograph and fingerprints/palm prints. They may also ask you for a DNA sample. Refusal to provide a DNA sample may result in a criminal charge. RCW 43.43.754. If you have questions about the DNA sample request, please talk to a lawyer.

Be aware that the registration units at your local sheriff’s office may not have set schedules, and many only have registration detectives available on specific days. You should confirm whether you have to register in person and when you can come register before you are required to register your address. Many sheriff’s offices publish this information online, or you can call your sheriff’s office and ask to speak with the registration unit.

If you legally change your name by going to court, you must notify local law enforcement at least five days before the court enters the order changing your name.¹ Law enforcement will come out to your home and verify your address. RCW 9A.44.135.

Law enforcement and correctional facilities (juvenile hall, jail, prison) are required to provide the risk to reoffend (a “level”) for every person that registers with a sex offense. A risk assessment and factors such as the underlying facts of the conviction are used to determine a person’s alleged risk to the community. Unfortunately, although leveling is deeply flawed, it is the process used for all people who must register with a sex offense.

There are three levels a person can be assessed in Washington State. Those levels are:

• Level I is a low risk to sexually reoffend
• Level II is a moderate risk to sexually reoffend
• Level III is a high risk to sexually reoffend

All people assessed at Level III or Level II, will have their information in the public Washington Sex Offender Public Registry. People assessed at Level I will only have their information in the public registry if they are not currently in compliance with their registration requirements or unhoused. Unless sealed by a judge, most information from the court file is public.

Individuals who are released from the Department of Corrections have a recommended registration level assigned by the End of Sentence Review Committee (ERSC). This is a recommendation only and the local law enforcement agency with which you register does not have to follow their recommendation and can assign a registration level higher than that recommended by the ESRC.

In addition, sheriff’s offices are permitted to take other factors into account when assigning a registration level. For example, law enforcement agencies commonly assign a level of II to individuals who held a supervisory role over the victim in the case (such as a pastor or school employee), when there are multiple victims, or when force was involved in the offense, even if the individual’s risk assessment assessed them as a low risk.  

Community Notification

All people assessed at Level II and III are subject to community notification. That means every time a person assessed at Level II or III moves, the neighborhood they are moving to will receive written notice about the person, the nature of the offense/court case, and the local authorities could also hold a community public meeting.

Challenging a Leveling Decision

If a person disagrees with a leveling decision, they can file a legal challenge called a writ of certiorari against the agency that made the leveling decision and ask a judge to order the law enforcement agency to assign a lower level. Be aware that filing a writ of certiorari is a difficult, complicated process. You should consult with an attorney if you want to pursue this option. Civil Survival offers free attorney consultations each month.

Residency and Where to Live

Generally, there are no residence or living restrictions for people required to register on Washington’s sex offense registry if they are NOT on active supervision,  

If a person is on active supervision, such as county probation, Juvenile Rehabilitation/JR, or community custody with the Department of Corrections, where a person can live could be restricted or limited. If you are uncertain about restrictions you might have, please speak to a lawyer to discuss any requirements. Civil Survival offers free attorney consultations each month.

Travel Notice Requirements

Travel within the United States

Washington State does not require a person currently registering to provide information to the local county sheriff about travel within the United States, but if a person will be away for more than 72 hours, they should ask their registration detective if they need to provide an updated address. The law does not say how long a person can spend away from their address traveling without providing notification to the sheriff’s office. There are also federal law requirements that registrants that are subject to that are outside the scope of this guide. A person should consult with a lawyer if they have questions.

Other states and United States territories may require a Washington State resident to register, even as a temporary visitor. More information on travel requirements in other states can be found in Civil Survival’s national travel guide[CG1] . Prior to out of state travel, the individual should always contact the county sheriff’s office in the county of travel to determine if they must register as a visitor. Be aware that in some states, a person who registers as a visitor will still need to petition to be removed from that state’s registry in order to be removed from the National Sex Offender Registry and be removed from the Angel Watch list, so consultation with a registration attorney in the state of travel is always advisable. It is up to the individual to know the laws of the other states or they may face negative consequences, including criminal charges.

International Travel

Washington State does require a person registering to notify the local county sheriff, in writing, at least 21 days in advance of any plans to travel internationally.² For emergencies, a written explanation must be given with at least 24 hours’ notice.

More information can be found at the following:

• Washington Association of Sheriffs and Police Chiefs
• The Department of Justice SMART Office
• State Department Passport Sex Offense Information

If plans change or are postponed/delayed, then the person registering must notify local law enforcement within 3 three days.

A person registering must share the following information in writing to local law enforcement:

• Name
• Passport number and country
• Destinations
• Itinerary details (when available) including the name of the airport/train station/port, the flight/train/ship number, the time of departure, the time of arrival, and information about any regarding intermediate stops
• Means of travel (air, train, ship)
• Purpose of travel (business, military, relocation, vacation, deportation, etc.)
• Contact information within the destination country

Passports: Any person who has to register on the sex/kidnapping registry must disclose this information on the State Department’s passport application. Passports will also be marked showing the person has a sex offense. More information can be found here.