Relief from Duty to Register
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 BE REMOVED FROM THE REGISTRY?
Most people who were convicted as an adult for a sex offense have a pathway to be removed from the registry in the state of Washington. The technical term for being removed from the registry is called “Relief from the Duty to Register.” Figuring out how a person is able to find relief from the duty to register can be difficult due to nuances in our laws. If you are seeking relief, it is important for you to spend time carefully reading the information below and evaluating your individual circumstances.
Registration Laws
Registration laws are complicated!
If you need to learn more about sex offense registration laws in the state of Washington, visit our
REGISTRY page.
HOW DOES REGISTRATION END?
There are two pathways for being relieved of the duty to register: The first path is through ADMINISTRATIVE RELIEF by a county sheriff. This pathway is only available for about one-third of the people required to register in the state of Washington. The second (but longer path) is an option for almost everyone else and involves petitioning a Superior Court. We provide further information about these two pathways below.
PATHWAY: ADMINISTRATIVE RELIEF
Under RCW 9A.44.141, certain individuals may write a letter to their local sheriff asking to be removed from the registry. Once a sheriff receives a request letter, THEY ARE REQUIRED to conduct an investigation to determine if a person’s duty to register has ended “by operation of law.” If the sheriff finds that a person’s duty to register has ended, THEY SHALL send a request to the Washington State Patrol asking for the person to be removed from the central registry.
The first group of people who qualify for Administrative Relief are individuals WHO ONLY HAVE a single, in-state conviction for a Gross Misdemeanor, Class C, or Class B felony. To help you determine the class of your crime, we have a list of crimes requiring registration in WA listed below. For individuals in this group, they may write to their local sheriff’s office asking to be removed from the registry after they have reached their required time of 10 or 15 years without a disqualifying offense. NOTE: You may have multiple counts in a single conviction.
Another group of people who qualify for Administrative Relief are individuals who have a federal, tribal, or out-of-state conviction, AND WHO HAVE received an individualized determination from their sentencing court (or other administrative authority in their state of conviction) that registration is no longer required. For individuals in this group, they may write to their local sheriff’s office, providing proof that they are no longer required to register, and ask to be removed from the registry.
While not explicitly stated, we recommend sending a letter by certified mail (with return receipt requested) to provide proof that the sheriff received the letter.
PATHWAY: PETITIONING A COURT
People subject to INDEFINITE registration are not eligible to receive Administrative Relief but may petition a court to be Relieved of the Duty to Register under RCW 9A.44.142. This process is much more extensive than Administrative Relief and often takes a year or more to complete. While an individual may petition the court pro se (by themself, without a lawyer), the petition requirements are likely to be beyond the expertise and comfort zone of someone who is inexperienced in legal procedures. We recommend that people hire an attorney experienced in registry removal petitions if they are able to afford one.
People with in-state convictions may petition their sentencing court to be Relieved of the Duty to Register after they have spent TEN consecutive years in the community without being convicted of a disqualifying offense during that time period. Likewise, people with federal, tribal, or out-of-state convictions may petition after they have spent FIFTEEN consecutive years in the community without being convicted of a disqualifying offense during that time period.
In addition to people subject to INDEFINITE registration, individuals with A SINGLE CONVICTION for a Class B, in-state sex offense who have spent TEN consecutive years in the community without being convicted of a disqualifying offense during that time period may also petition a court.
WE’RE KEEP’N IT 100% – The truth is that petitioning a court IS A COMPLEX procedure… and it can be difficult to go back into a courtroom and face a judge… but the time and effort is worth the reward. For people who want to learn more about the process, or for individuals who cannot afford a lawyer, we have a PRO SE page to provide more information about the process of petitioning a court.
Crimes Requiring Registration in WA State
Below are a list of offenses (with links to their RCW) grouped by registration length. Click on the toggle button to expand and view the list.
Crimes Requiring 10 Year Registration (GM / Class C)
| Offense | Statute |
|---|---|
| Child Molestation 3 | 9A.44.089 |
| Criminal Trespass Against Children | 9A.44.196 |
| Custodial Sexual Misconduct 2 | 9A.44.170 |
| Rape 3 | 9A.44.060 |
| Rape of a Child 3 or Statutory Rape 3 | 9A.44.079 |
| Sexual Misconduct with a Minor 1 | 9A.44.093 |
| Sexual Misconduct with a Minor 2 | 9A.44.096 |
| Sexually Violating Human Remains | 9A.44.105 |
| Voyeurism 1 | 9A.44.115 |
| Incest 2 | 9A.64.020(2) |
| Communication with Minor for Immoral Purposes | 9.68A.090 |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (PRIOR TO APRIL 2017) | 9.68A.050(2) |
| Possession of Depictions of Minor Engaged in Sexually Explicit Conduct 1 (PRIOR TO MARCH 2006) | 9.68A.070(1) |
| Possession of Depictions of Minor Engaged in Sexually Explicit Conduct 2 (PRIOR TO APRIL 2017) | 9.68A.070(2) |
| Sending, Bringing into the State Depictions of Minor Engaged in Sexually Explicit Conduct 1 (PRIOR TO MARCH 2010) | 9.68A.060(1) |
| Sending, Bringing into the State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (PRIOR TO APRIL 2017) | 9.68A.060(2) |
| Viewing Depictions of Minor Engaged in Sexually Explicit Conduct 2 | 9.68A.075(2) |
| Promoting Travel for Commercial Sexual Abuse of a Minor | 9.68A.102 |
| Any Class C felony offense with a finding of sexual motivation | 9.94A.835 |
Crimes Requiring 15 Year Registration (Class B)
| Offense | Statute |
|---|---|
| Child Molestation 1 (PRIOR TO FEBRUARY 1990) | 9A.44.083 |
| Child Molestation 2 | 9A.44.086 |
| Custodial Sexual Misconduct 1 | 9A.44.160 |
| Indecent Liberties – with Forcible Compulsion (PRIOR TO JUNE 2000) | 9A.44.100(1)(a) |
| Indecent Liberties – without Forcible Compulsion | 9A.44.100(1)(b-f) |
| Rape 2 (PRIOR TO FEBRUARY 1990) | 9A.44.050 |
| Rape of a Child 2 or Statutory Rape 2 (PRIOR TO FEBRUARY 1990) | 9A.44.079 |
| Incest 1 | 9A.64.020(1) |
| Commercial Sexual Abuse of a Minor | 9.68A.100 |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 1 (AFTER MARCH 2010) | 9.68A.050(1) |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (AFTER APRIL 2017) | 9.68A.050(2) |
| Possession of Depictions of Minor Engaged in Sexually Explicit Conduct 1 (AFTER MARCH 2006) | 9.68A.070(1) |
| Possession of Depictions of Minor Engaged in Sexually Explicit Conduct 2 (AFTER APRIL 2017) | 9.68A.070(2) |
| Sending, Bringing into the State Depictions of Minor Engaged in Sexually Explicit Conduct 1 (AFTER MARCH 2010) | 9.68A.060(1) |
| Sending, Bringing into the State Depictions of Minor Engaged in Sexually Explicit Conduct 2 ( AFTER APRIL 2017) | 9.68A.060(2) |
| Sexual Exploitation of a minor | 9.68A.040 |
| Viewing Depictions of Minor Engaged in Sexually Explicit Conduct 1 | 9.68A.075(1) |
| Any Class B felony offense with a finding of sexual motivation | 9.94A.835 |
Crimes Requiring INDEFINITE (Ongoing) Registration (Class A)
| Offense | Statute |
|---|---|
| Child Molestation 1 (After 1990) | 9A.44.083 |
| Rape 1 (PRIOR TO 6/8/2000) | 9A.44.040 |
| Rape 2 (PRIOR TO 6/8/2000) | 9A.44.050 |
| Rape of a Child 1 | 9A.44.073 |
| Rape of a Child 2 (AFTER 1990) | 9A.44.076 |
| Promoting Commercial Sexual Abuse of a Minor | 9.68.101 |
| Trafficking 1 | 9A.40.100 |
| Assault 2 with a finding of sexual motivation | 9A.36.021 |
| Any Class A felony offense with a finding of sexual motivation | 9.94A.835 |
| Any conviction for a sex offense when the defendent has one or more prior convictions for a sex offense | 9A.44.140 |
| A federal, tribal, or out-of-state conviction for a sex offense | 9A.44.140 |
Crimes Requiring LIFETIME Registration (Excluded from Relief)
| Offense | Statute |
|---|---|
| Rape 1 (AFTER 6/8/2000) | 9A.44.040 |
| Rape 2 (AFTER 6/8/2000) | 9A.44.050 |
| Indecent liberties with Forcible Compulsion | 9A.100(1)(a) |
| Any Person Adjudicated as a “Sexually Violent Predator” | 71.09 |
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:
-
- any sex offense;
- any offense that is a felony;
- a crime against children or persons as defined in RCW 43.43.830(9) and 9.94A.411(2)(a);
- an offense with a domestic violence designation as provided in RCW 10.99.020(4);
- permitting the commercial sexual abuse of a minor as defined in RCW 9.68A.103;
- or any violation of chapter 9A.88 RCW.
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
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
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,…