Seeking Reclassification Of Your Registration Level
The Sex Offender Registry Board process for changing an individual’s registration level (called reclassification) is complicated and benefits from the assistance of an experienced Massachusetts sex offender registry attorney. Reclassification is a two-step process involving the filing of a written petition or request for reclassification followed by an administrative hearing conducted before three hearing examiners. The arguments that can be raised at a reclassification hearing are diverse and remain based in the Board’s own regulatory factors.
The Sex Offender Registry Board itself may, at any time, seek to initiate a reclassification review of an individual’s registration level should new information suggest the individual poses a higher risk to reoffend. Similarly, classified individuals may make a request to the Sex Offender Registry Board to be reclassified to a lower level every three (3) years. As with a request to terminate registration, a reclassification decision is far from automatic. There are several criteria that an individual must meet before being considered eligible for a reduction in their classification level.
In order to prevail on a motion for reclassification, the Sex Offender Registry Board requires that you prove the following:
- 1. It has been more than three years from the date of your final classification as a Level 2 or 3 sex offender or your most recent request for reclassification;
- 2. There are no pending charges against you and you are not presently incarcerated;
- 3. Your current classification level is not under judicial or administrative review;
- 4. You have been released from custody and have been at liberty for at least five continuous years;
- 5. You have not committed or been convicted of a sex offense since your classification hearing or it has been at least ten years since your last sex offense conviction;
- 6. You are not presently on probation, parole, or any type of community supervision; and
- 7. New and updated information proves that your risk of reoffense and degree of dangerousness has been reduced.
UPDATE: The Massachusetts Legislature and the Sex Offender Registry Board have recently made significant changes to the process of reclassification of sex offenders in Massachusetts.