Pro Se Petitions

PLEASE NOTE:   All information is considered educational and should not be used as legal advice.  Always consult with a licensed attorney for legal advice.

CAN I PETITION A COURT WITHOUT A LAWYER?

The short answer is yes, you can petition a court PRO SE.  A “pro se” litigant is a person who represents themselves in court without a lawyer and this is permitted for registry relief petitions. While most people will want a lawyer to help them navigate this complex process, we provide some resources below to help individuals learn more about the process of petitioning a court. If you decide that you are going to go “pro se,” you still may wish to hire a lawyer to help you navigate the paperwork. Regardless, creating a successful petition will necessitate you to devote many hours to learning the requirements. Pay special attention to the 13 FACTORS that a judge may consider when making their decision whether or not to relieve you of the duty to register.

THE 13 FACTORS

The law that allows people to petition a court to be relieved of the duty to register lists 13 FACTORS that a judge may consider when making their decision. You can find these factors in RCW 9A.44.142(4)(b). Regardless of whether or not you hire a lawyer to help you with your petition, you will want to address all 13 factors in your petition.

These are the 13 FACTORS the judge may consider:

(i) The nature of the registrable offense committed including the number of victims and the length of the offense history;

(ii) Any subsequent criminal history;

(iii) The petitioner’s compliance with supervision requirements;

(iv) The length of time since the charged incident(s) occurred;

(v) Any input from community corrections officers, law enforcement, or treatment providers;

(vi) Participation in sex offender treatment;

(vii) Participation in other treatment and rehabilitative programs;

(viii) The offender’s stability in employment and housing;

(ix) The offender’s community and personal support system;

(x) Any risk assessments or evaluations prepared by a qualified professional;

(xi) Any updated polygraph examination;

(xii) Any input of the victim;

[NOTE: Don’t contact your victim. The prosecuting attorney will contact the victim(s) and present feedback to the court.]

(xiii) Any other factors the court may consider relevant.

Frequently Asked Questions

Q1: Are all people on the registry for life in Washington?

NO! Very few people are required to be on the registry for their entire life in the state of Washington. Most people in our state have a pathway to be “Relieved of the Duty to Register.” See our REGISTRY RELIEF page to learn more.

Q2: What is the difference between LIFETIME and INDEFINITE registration?

Very few people are subject to LIFETIME registration. Lifetime registration means that a person is NOT ALLOWED to be relieved of the duty to register.

INDEFINITE registration means that a person has an ongoing duty to register, but may petition a court to be relieved of the duty to register.

Q3: What factors determine who is eligible for registry relief?

Several factors determine who is eligible to be relieved of the duty to register. These factors include:

    • The classification of the crime (Misdemeanor or Felony Class A, B, or C).
    • Whether the conviction was from the state of Washington or from elsewhere (Federal, Tribal, Out-of-State, International).
    • The number of convictions.
    • Exclusions subjecting someone to LIFETIME registration (RCW 9A.44.142(2)(a)).
Q4: How can I find out what crime I was convicted of?

It is common for people to forget exactly what crime they were convicted of years before. There are several ways to find information about your conviction:

Washington State Patrol: Criminal convictions from the state of Washington are found in a WATCH REPORT.

County Clerk’s Office: You can access this information from the county clerk’s office. Some counties have online access for a fee.

Law Offices: Contact a criminal defense attorney.

Q5: Does having a conviction with multiple counts mean the same as having multiple convictions?

NO! A person may be found guilty of several charges during a single conviction. This is different from having multiple convictions whereby a person is found guilty of one or more charges… and then LATER being charged and convicted of new charges.

This distinction is important when considering eligibility for registry relief. A person with multiple sex offense convictions AT BEST must petition a court to be relieved of the duty to register.

A person with a single conviction, even if that conviction has multiple counts, follows the registration requirements for the most serious count in their conviction.

Q6: What is a “Disqualifying Offense?”

A “Disqualifying Offense” is a NEW CONVICTION that interrupts or prevents a person from following the basic rules of registry relief. This disqualification may be temporary or permanent based upon the entirety of a person’s criminal history.

According to RCW 9A.44.128 a “disqualifying offense” means a NEW CONVICTION that is:

WSP 2017 Summary of Changes

WSP 2017 Summary of Changes

During the 2017 Legislative Session no bills were signed affecting sex and kidnapping offender registration requirements. WSP NOTICE Pursuant to Revised Code of Washington (RCW) 9A.44.145, the Washington State Patrol (WSP) is required to notify each registrant of any…

WSP 2016 Summary of Changes

WSP 2016 Summary of Changes

During the 2016 Legislative Session no bills were signed affecting sex and kidnapping offender registration requirements. WSP NOTICE Pursuant to Revised Code of Washington (RCW) 9A.44.145, the Washington State Patrol (WSP) is required to notify each registrant of any…

WSP 2015 Summary of Changes

WSP 2015 Summary of Changes

During the 2015 Legislative Session a bill was signed affecting sex and kidnapping offender registration requirements. Substitute Senate Bill 5154 – An act relating to registered sex or kidnapping offenders; amending RCW 4.24.550, 9A.44.128, 9A.44.130, 9A.44.132,…