Step Four: Finding the Path to End the Duty to Register

The relief process for juvenile sex and kidnapping offenses is much different from the process for adult convictions. With recent changes in the law, after two or three years from release from confinement, many individuals with juvenile sex offense convictions will be automatically removed from the sex offense registry. However, people with certain juvenile sex offense convictions will still have to ask a judge to have their registration duty end. If you have a juvenile sex offense conviction, you may be eligible to be removed from the registry by law enforcement or by going to court. If you are not sure what type of juvenile case you have, Civil Survival offers free attorney consultations each month. Washington only requires the following types of convictions to register:

• Convicted of a Class A felony or Class B felony sex offense in Washington State at 16 or 17 years old and person did not receive Special Sex Offender Disposition Alternative [SSODA];
• Convicted of Rape in the First Degree at 14 or 15 years old;
• Convicted of Rape in the Second Degree in Washington State at 14 or 15 years old and person did not receive Special Sex Offender Disposition Alternative [SSODA];
• Convicted of a sex offense and had a prior sex offense conviction or deferred disposition;
• Had a Special Sex Offender Disposition Alternative [SSODA] revoked for to a Class A felony or Class B felony sex offense committed while 16 or 17 years old or a Rape in the Second Degree committed while 14 or 15 years old;
• Any sex offense where a court also finds by clear, cogent, and convincing evidence that a person 14 to 17 years old committed a sex offense involving two or more victims, the person did not receive or had a Special Sex Offender Disposition Alternative [SSODA] revoked, person is a danger to the public, and that continued registration would reduce the danger to the public;
• Has an out-of-state, tribal, or federal for a sex offense; or
• Was convicted of kidnapping.

Law enforcement will send notices to individuals who have been relieved from the duty to register for a juvenile conviction

For most individuals with Washington juvenile convictions, law enforcement will automatically end their duty to register. That means you do not have to back to court and law enforcement will send notice when registration has ended.  

A person with a juvenile conviction can have their duty to register end through the following:

• For some people, their duty to register ended automatically on November 1, 2023.  Please see RCW 9A.44.130 (Section 1b) or the list previously provided in this guide for the juvenile convictions that still require registration after November 1, 2023.
• For offenses that require registration after November 1, 2023, the duty to register will end two or three years after the last date of release from confinement (if any), including full-time residential treatment, or entry of the disposition, whichever is later.
  • The duty to register ends at 3 years from date of last release from confinement or entry of disposition if the person was 15, 16, 17 at the time of offense for a Class A felony.
  • For all other cases, the duty to register ends at 2 years from the date of last release from confinement or entry of disposition.
• If your duty to register has not ended through the process outlined above,  you should seek a legal consultation to learn about the process under RCW 9A.44.143 to end registration. Civil Survival offers free attorney consultations each month.

CAUTION: Before filing a petition or asking law enforcement to end your duty to register, be certain you are in full compliance with all registration laws. If you are not in compliance, you could end up with additional criminal charges.

Question: What if I was under the age of 18 when the crime/offense occurred but charged as an adult?

Answer: Good news, if you were under 18 when the crime occurred and your case was decided in juvenile court (i.e. it wasn’t transferred or declined to adult court), you can use the juvenile statute for relief. The law looks at your age at the time the crime occurred, not your age when you were convicted.

Question: Can I use the juvenile relief statute even though I am now older and over the age of 18?

Answer: Yes, the juvenile relief statute looks to when the crime occurred, not your current age.

Question: What if I am not sure if I am off the registry with the changes in the law?

Answer: You should talk to a lawyer. You can schedule a free consultation with a Civil Survival attorney.

For all adult, and some juvenile Washington State Class A convictions, the law requires that a person indefinitely register. That means a person remains on the sex offense registry until a judge enters an order for relief.

• Washington State Class A Felony Adult Conviction in Superior Court
  • Can ask/petition a judge after 10 years in the community without a disqualifying offense
• Washington State Class A Adult Felony Conviction but under 18 at time offense
  • Can ask/petition using the juvenile statute RCW 9A.44.143. If you were over 15 years old at the time of the offense, you must have 5 years in the community without a disqualifying offense.
  • If you were under 15 years old, you must wait 2 years.
• Washington State Class A Juvenile Conviction cover age of 15 at time offense  
  • Can petition at 5 years without any convictions for failure to register or a sex offense.
• Washington State Class A juvenile under the age of 15
  • Can petition at 2 years without any conviction for failure to register or a sex offense.

For Washington State Class B felony convictions, the duty to register can end through two different paths:

• 15 Years:  If all of the below are true, you can write to the law enforcement agency with which you are registering to ask them to review your case for relief from registration:
  • 15 years have passed since you were sentenced for the sex offense;
  • 15 years have passed since you were released from confinement (jail, prison, or full-time residential treatment) for the sex offense; and
  • If you were convicted of a disqualifying offense, 15 years have passed since your sentencing and release from confinement for the disqualifying offense.

• 10 Years: If all of the below are true, you can petition a judge to end the duty to register:
  • 10 years have passed since you were sentenced for the sex offense as an adult/over 18 years old;
  • 10 years have passed since you were released from confinement (jail, prison, or full-time residential treatment) for the sex offense; and
  • If you were convicted of a disqualifying offense, 10 years have passed since your sentencing and release from confinement for the disqualifying offense.

For Washington State Class C felony and gross misdemeanor convictions, the duty to register can end through two different paths:

• If you have a Class C felony or gross misdemeanor adult sex offense, you can write to the law enforcement agency where you are registering to ask them to review your case for relief from registration. Law enforcement is required to grant your request if:
  • 10 years have passed since you were sentenced for the sex offense;
  • 10 years have passed since you were released from confinement (jail, prison, or full-time residential treatment) for the sex offense; and
  • If you were convicted of a disqualifying offense, 10 years have passed since your sentencing and release from confinement for the disqualifying offense.
• For juvenile cases, your duty to register will end automatically and you should receive notice from law enforcement.

TIP: Send a certified letter explaining your date of conviction, time in the community, and why you qualify for relief to the local county sheriff’s office or law enforcement so you have proof of your request for relief. You can use the following language in your letter: “I am asking you to complete an investigation under RCW 9A.44.141 to determine whether I still have a duty to register as a sex offender, and remove me from the registry if my duty to register has expired. If I still have to register, please let me know when I am eligible to be removed.

Washington allows people with adult sex and kidnapping convictions to ask a judge to end their duty to register for an out-of -state, tribal, federal, military, or foreign country conviction under RCW 9A.44.142. There are two paths for relief for adults and for juvenile convictions:

• If you have an adult conviction from outside of Washington, if all the below are true, you can petition a judge to end the duty to register:
  • 15 years have passed since you were sentenced for the sex offense;
  • 15 years have passed since you were released from confinement (jail, prison, or full-time residential treatment) for the sex offense; and
  • If you were convicted of a disqualifying offense, 15 years have passed since your sentencing and release from confinement for the disqualifying offense.

• These criteria do not apply if you were convicted in Federal, tribal, or out-of-state juvenile court or were under the age 18 at the time of the offense and you were convicted of in a federal, tribal, or out-of-state court. For juvenile convictions from outside of Washington courts, you can seek a consultation with Civil Survival to learn more about potential ways to end your duty to register.