Step Five: Going to Court

You must write a motion to explain to the judge why registration is no longer needed. This is a called a motion for relief from the duty to register. A motion for relief from the duty to register must be filed with the court in the Clerk’s Office. Along with the motion, helpful paperwork such as completion of sex offender treatment, any awards or degrees earned, and letters of support can also be filed. Negative outcomes such as additional criminal convictions should also be attached.

Court forms for Washington State, including the motion for relief, can be found here.

The motion is filed either in the county where you were convicted or, for a non-Washington State conviction, in the county where you live.¹

The Prosecutor must be given any paperwork that is filed with the court. This is called service.² You must give it to the prosecutor at the same time you file it with the court. The Prosecutor will have an opportunity to tell the judge why you should or should not be relieved from the duty to register.

You will also need to schedule a date for your hearing. This is a called a note for hearing. Each court has its own rules on when and what time motions are heard. Check with your local court clerk on when post-conviction criminal cases are heard.

CAUTION: All filings in a criminal case are considered public records unless a judge decides otherwise. That means anyone can read anything that is filed. If you have concerns about filing sensitive information, you should speak to a lawyer.

You are strongly urged to speak with an attorney BEFORE filing a motion pro se or without help from an attorney.

A motion for relief to end the duty register is complex. Judges often require proof of completion of treatment, DOC records, updated risk assessment and more. This can be extremely hard to do on your own and Civil Survival offers free attorney consultations each month.

The prosecutor is required to attempt to contact the named victim(s) about the motion for relief and seek their input, including coming to court to speak to the judge directly or writing a letter. This applies to both juvenile and adult cases.³

You should not contact a named victim(s) unless you have spoken with a lawyer. If there is a protection order in place, you could be charged with a crime.

The judge will determine whether they believe you are sufficiently rehabilitated to warrant removal from the sex offense registry. The judge uses 13 factors to answer this question:⁴

• The nature of the offense including the number of victims and the length of the offense history;
• Any subsequent criminal history;
• Your compliance with supervision requirements;
• The length of time since the charged incident(s) occurred;
• Any input from community corrections officers, juvenile parole or probation officers, law enforcement, or treatment providers;
• Participation in sex offense treatment;
• Participation in other treatment and rehabilitative programs;
• Your stability in employment and housing;
• Your community and personal support system;
• Any risk assessments or evaluations prepared by a qualified professional;
• Any updated polygraph examination;
• Any input of the victim;

In adult cases, you will need to demonstrate your rehabilitation to the court by “clear and convincing evidence.” This means the petition in adult cases must show that it is highly probable the factors are met.

In juvenile cases, you must demonstrate your rehabilitation by a “preponderance of the evidence.” That means that it is more likely than not that you have been rehabilitated.

The judge will often require a hearing to decide on the motion. At the hearing, you may be asked questions about your petition and life after the conviction, the prosecutor may make arguments in support or against the motion, and the victim(s) may be asked by the judge to speak.

At the end of the hearing, the judge can (1) grant the motion, meaning the court agrees registration should end; (2) deny the motion, meaning the court does not agree registration should end; or (3) continue the motion to another date. Courts can continue hearings for many reasons, and it means you will have to come back to court.