Frequently Asked Questions About Removing Sex Offender Registration

Below is an outline and explanation of the law around obtaining relief from the duty to register as a sex offender for juvenile offenders and adults. This explanation does NOT establish an attorney/client relationship, but is meant to be a starting point for people and families to educate themselves about the laws that affect them. Striking the duty to register is a complicated process and we recommend you consult with counsel to navigate this.

Due to the number of calls we receive, we ask you fill out this questionnaire and we will respond to you by phone or email, generally within 48 hours. If you appear to be a candidate for registration removal, we offer a free initial consultation in our offices to discuss your case and the fees to help you. Striking registration is a time consuming process, so take the first step today and consult us sooner rather than later.

I. RELIEF FROM THE DUTY TO REGISTER FOR JUVENILE SEX AND KIDNAPPING OFFENSES

A. Who Can Petition under the Juvenile Statute for Relief from the Duty to Register as a Sex or Kidnapping Offender?

B. Can Juveniles Get Off Registration Automatically?

C. What Does the Juvenile Have to Prove to Get off Registration?

II. RELIEF FROM THE DUTY TO REGISTER FOR "ADULT" SEX AND KIDNAPPING OFFENSES.

A. How Long Must a Person Register?

B. Automatic Expiration for Gross Misdemeanor, Class C and Class B Offenses.

C. Who May Petition to be Relieved of the Duty to Register under the "Adult" statute, 9A.44.142?

D. What Does the Petitioner Have to Prove to Get off Registration under 9A.44.142?

I. RELIEF FROM THE DUTY TO REGISTER AS A SEX OR KIDNAPPING OFFENDER FOR JUVENILE OFFENSES.

Sex and kidnapping offender registration can have life changing consequences and pose serious challenges to a person's effort to obtain housing, employment or an education. The law in Washington has allowed those convicted of sex and kidnapping offenses to be relieved of that duty under certain circumstances since sex offender registration was first imposed in the Community Protection Act of 1991. Washington law currently provides for a hybrid approach to ending the duty to register as a sex or kidnapping offender, with some offenses resulting in the automatic termination of the duty after a specified period of time in the community without any new serious criminal convictions, while other offenses require the person to petition the Court for a discretionary ruling on their request. Only a relatively few offenses have lifetime registration without any mechanism to be relieved of that duty. The duty to register in Washington, and its length and terms for ending the duty, are based largely upon the date of conviction, the offense of conviction, and the person's age at the time they committed the offense.

For offenses committed while the person was a juvenile (and prosecuted in juvenile court), RCW 9A.44.143 can offer a relatively quick method to obtain relief from registration. But that path requires that the person file a petition with the court seeking to have a discretionary request for relief granted by the Court. This isn't always easy, and carefully preparing your petition to fully tell your story is often the key to success in these petitions.

A. Who Can Petition under the Juvenile Statute for Relief from the Duty to Register as a Sex or Kidnapping Offender?

Under 9A.44.143, which governs relief from registration for offenses committed while the person was a juvenile and prosecuted in juvenile court, any offender who makes it for the requisite period of time with no new sex or kidnapping offenses, and no failure to register convictions, can petition for relief from their duty to register.

1. Offenders over 15 years old with Class A Offenses-Five-Year Wait.

9A.44.143 was amended again in 2011 to increase the waiting period for a juvenile offender who is 15 years or older at the time the offense was committed from two years to five years, (five years being the waiting period to seal a Class A sex offense as well). Under SB 5204, adopted in 2011, the law now provides in 9A.44.143:

(1) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty as provided in this section.

(2) For class A sex offenses or kidnapping offenses committed when the petitioner was fifteen years of age or older, the court may relieve the petitioner of the duty to register if:

(a) At least sixty months have passed since the petitioner's adjudication and completion of any term of confinement for the offense giving rise to the duty to register and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses;

(b) The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the sixty months prior to filing the petition;

2. All other juvenile sex offenders-Two-Year Wait.

All other juvenile offenders continue to have the relatively short waiting period that has been the law in Washington since sex offender registration was first adopted-just two years after adjudication. Many juvenile offenders report that law enforcement and others tell them that they have to register for life, but the fact is that they have typically been eligible to petition the court for many years without this knowledge.

As amended in 2011 by SB 5204, 9A.44.143 now reads:

(3) For all other sex offenses or kidnapping offenses (Gross Misdemeanor, Class C and Class B) committed by a juvenile not included in subsection (2) of this section, the court may relieve the petitioner of the duty to register if:

(a) At least twenty-four months have passed since the petitioner's adjudication and completion of any term of confinement for the offense giving rise to the duty to register and the petitioner has not been adjudicated or convicted of any additional sex offenses or kidnapping offenses;

(b) The petitioner has not been adjudicated or convicted of a violation of RCW 9A.44.132 (failure to register) during the twenty-four months prior to filing the petition;

3. Out of State and Federal Juvenile Convictions-Same as WA convictions.

RCW 9A.44.143 governing petitions to strike registration for offenses committed while the offender was a juvenile apply to juvenile offenses committed in Washington, and any other state or in federal court.

RCW 9A.44.142 provides,

(1) A person who is required to register under RCW 9A.44.130 may petition the superior court to be relieved of the duty to register:
(a) If the person has a duty to register for a sex offense or kidnapping offense committed when the offender was a juvenile, regardless of whether the conviction was in this state, as provided in RCW 9A.44.143; (underline added)

Also, if the person was convicted in another state or in federal court of an offense that was comparable to a Gross Misdemeanor, Class C or Class B offense in Washington, and the person had been in the community for a significant period of time, the person may have a vested right to be taken off the rolls under the automatic removal provisions of 9A.44.140 prior to the amendments in 2010. The 2010 amendments ended automatic removal for comparable offenses for out of state offenders, and instead required them to bring a discretionary petition to seek relief from registration after fifteen consecutive years in the community with no new disqualifying offenses. If they had the right to be removed from the registry at a point in time prior to those 2010 amendments, under the language in the statue that said the duty to register shall end at that point, then that right had "vested" and could not be lost by subsequent changes to the law. See, for example, State v. T.K. 139 Wn.2d 320 (1999). In that case juvenile sex offenders who would have otherwise been eligible to petition to have their offense records sealed on the date the law was changed in 1997 to prevent the sealing of juvenile sex offense records thereafter were deemed to have a vested right to that petition even after the law was changed. They had a non-discretionary right to have the action taken, and thus retroactive application of the statute to them was precluded. An out of state offender whose duty should have ended prior to the 2010 amendments, but who simply failed to request that they be taken off the rolls, should still be able to have that request granted without the more cumbersome petitions now required under the law.

4. Juveniles With Prior Sex Offenses-What About Repeat Offenders?

A person who has two or more separate adjudications for a sex offense or kidnapping offense committed while they were a juvenile is barred from bringing a petition to seek relief under the juvenile provisions in 9A.44.143, which requires that the petitioner have no adjudications for sex or kidnapping offenses. These petitioners are not entitled to the shorter waiting periods and a more favorable burden of proof in 9A.44.143. However, they are not barred from bringing a petition under 9A.44.142, which pertains to all convictions for offenses prosecuted in Washington and requiring registration, and which clearly prohibits petitions only for SVPs and those offenses committed with forcible compulsion after June 8, 2000. Those with subsequent sex or kidnapping offenses have indefinite registration under 9A.44.140, but they do not have lifelong registration.

5. Offenses committed while a Juvenile but Prosecuted in Adult Court.

Unfortunately the shorter waiting periods and lower burden or proof available to juvenile petitioners do not apply if the offense is prosecuted when the person is an adult or in adult court based on a decline by Juvenile Court.

9A.44.143, which governs petitions brought by persons who committed their offenses as juveniles, provides:

(5): A juvenile prosecuted and convicted of a sex offense or kidnapping offense as an adult may not petition to the superior court under this section.

For those individuals see the materials regarding the method laid out in RCW 9A.44.140 and 142 below.

B. Can Juveniles Get off of Registration Automatically, without a Petition?

Under RCW 9A.44.142, which applies to all convictions regardless of whether they were in juvenile or adult court, Gross Misdemeanor, Class C and Class B sex and kidnapping offense registration duties will automatically expire automatically after a period of time in the community with no new disqualifying criminal offenses, and those convicted of juvenile offenses can be relieved of the duty to register by meeting those deadlines. See below for further explanation of this procedure under RCW 9A.44.142 regarding "adult" offenses, which applies equally to all convictions whether in adult or juvenile court.

C. What Does a Juvenile Have to Prove to Get off Registration?

1. What is the Burden of Proof for Juvenile Petitions?

Prior to 2001 the law in Washington made a distinction between offenses committed by juveniles 15 years or older at the time of the offense, and those under 15. The younger kids only had to show that they had been sufficiently rehabilitated by a preponderance of the evidence, while the older kids had to meet the standard applied to adult offenders of clear and convincing evidence.

In 2011 the Legislature changed this in SB 5204 to make the burden of proof a preponderance of the evidence for all petitions to strike registration for striking registration for offenses committed while a juvenile. (The burden of proof for petitions under the "adult" statute is still clear and convincing evidence.)

Under the 2011 amendments in SB 5204, 9A.44.143 will read:

(c)The petitioner shows by a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders.

2. What are the Factors the Court Considers in Deciding the Petition?

Prior to 2010 the statute provided very little guidance regarding what the petitioner had to demonstrate in order to prove they did not belong on the sex offender registry. In 2010 the Legislature adopted a rather exhaustive list of illustrative but not mandatory factors that the Court could consider, which focus on how well the offender has reintegrated into society. The Sex Offender Policy Board recommended these criteria based upon the literature regarding static and dynamic risk factors, and the precept that offenders who successfully reintegrate into the community are at generally low risk to reoffend.

RCW 9A.44.143 provides:

(4) In determining whether the petitioner is sufficiently rehabilitated to warrant removal from the registry, the following factors are provided as guidance to assist the court in making its determination:

(a) The nature of the registrable offense committed including the number of victims and the length of the offense history;
(b) Any subsequent criminal history;
(c) The petitioner's compliance with supervision requirements;
(d) The length of time since the charged incident(s) occurred;
(e) Any input from community corrections officers, law enforcement, or treatment providers;
(f) Participation in sex offender treatment;
(g) Participation in other treatment and rehabilitative programs;
(h) The offender's stability in employment and housing;
(i) The offender's community and personal support system;
(j) Any risk assessments or evaluations prepared by a qualified professional;
(k) Any updated polygraph examination;
(l) Any input of the victim;
(m) Any other factors the court may consider relevant.

II. RELIEF FROM THE DUTY TO REGISTER FOR ADULT SEX AND KIDNAPPING OFFENSES.

A. How Long Must a Person Register?

1. Lifetime Registration for SVPs and the use of force.

Most offenders convicted of sex or kidnapping offenses in adult court may petition the court to be relieved of registration, but there are offenders who will have a duty to register for the rest of their life under the current law in Washington. RCW 9A.44.142 provides,

(2)(a) A person may not petition for relief from registration if the person has been:

(i) Determined to be a sexually violent predator as defined in RCW 71.09.020;

(ii) Convicted as an adult of a sex offense or kidnapping offense that is a class A felony and that was committed with forcible compulsion on or after June 8, 2000; or

(iii) Until July 1, 2012, convicted of one aggravated offense or more than one sexually violent offense, as defined in subsection (5) of this section, and the offense or offenses were committed on or after March 12, 2002. After July 1, 2012, this subsection (2)(a)(iii) shall have no further force and effect.

2. Lifetime Registrants CAN petition to be relieved of community notification.

Even those offenders who have been given lifetime registration have some recourse to the Court's for relief from the negative effects of registration and community notification. RCW 9A.44.142 (d)(b) provides:

(b) Any person who may not be relieved of the duty to register may petition the court to be exempted from any community notification requirements that the person may be subject to fifteen years after the later of the entry of the judgment and sentence or the last date of release from confinement, including full-time residential treatment, pursuant to the conviction, if the person has spent the time in the community without being convicted of a disqualifying offense.

3. Indefinite Registration for Class A, Repeat Offenders and Out of State Convictions.

For more serious offenses, and out of state offenses, the law provides that registration will continue indefinitely, but is not necessarily lifetime registration. These persons are eligible to petition the court to be relieved of registration after specified periods of time in the community with no new disqualifying offenses.

Class A and Repeat Offenders (Juvenile and Adult) Indefinite

RCW 9A.44.140 sets the timeframes for registration requirements, and provides:

(1) For a person convicted in this state of a class A felony or an offense listed in RCW 9A.44.142(5), or a person convicted in this state of any sex offense or kidnapping offense who has one or more prior convictions for a sex offense or kidnapping offense, the duty to register shall continue indefinitely.

Out of State and Federal Convictions Indefinite

9A.44.140 goes on to say:

(4) For a person required to register for a federal or out-of-state conviction, the duty to register shall continue indefinitely.

However, out of state and federal offenders are eligible to petition the Court for relief from registration after fifteen consecutive years in the community with no new disqualifying offenses. 9A.44.142(1)(c).

4. Subsequent Offenses-What about repeat offenders?

Under the "adult" statute, 9A.44.142, a person with a prior sex offense can petition the court for relief from registration after being in the community for ten consecutive years with no new disqualifying offenses. The statute describes the duty of a person who has a prior sex offense as "indefinite," not as "lifelong," and only prohibits petitions by those who have been deemed sexually violent predators or who have committed their offenses since June 8, 2000 with forcible compulsion. Everyone else can petition after their ten years of good living in the community. RCW 9A.44.142 determines who may petition the court and says, (1) A person who is required to register under RCW 9A.44.130 may petition the superior court to be relieved of the duty to register:....
(b) If the person is required to register for a conviction in this state and is not prohibited from petitioning for relief from registration under subsection (2) of this section, when the person has spent ten consecutive years in the community without being convicted of a disqualifying offense during that time period;

5. Aggravated Offenses and Sexually Violent Offenses -Irrelevant Surplusage.

The provisions of 9A.44.142 (2)(a)(iii) that make registration lifelong for persons who commit "aggravated" offenses and "sexually violent" offenses i are rather superfluous and irrelevant provisions of the law. It provides,

(iii) Until July 1, 2012, convicted of one aggravated offense or more than one sexually violent offense, as defined in subsection (5) of this section, and the offense or offenses were committed on or after March 12, 2002.

What this clause essentially says is that for a long list of offenses committed after March 12, 2002 there would be "lifetime" registration. However, this provision sunsets or expires on July 1, 2012, just shy of 10 years and 4 months later and will affect virtually no cases at all. Only those who committed their offense after March 12, 2002, and who were sentenced and released from custody prior to July 1, 2002 or within four months of the offense date, would be affected at all. Those are the only people who would have waited the minimum ten years in the community required before they could otherwise petition for relief from registration or be granted automatic relief. And the effect on them would only be to wait what could be at most a matter of weeks until July 1, 2012, when this provision sunsets.

This provision was adopted hurriedly by the Legislature in response to federal mandates contained in the Jacob Wetterling Act, which was the predecessor to the Adam Walsh Act in regards to federal over response to sex offenses. A great deal of time, paper and effort went into putting this very complicated provision into our laws while it had NO EFFECT on anyone at all.

B. Automatic Expiration for Gross Misdemeanor, Class C and Class B Offenses.

For Gross Misdemeanor, Class C and Class B sex and kidnapping offenses the law provides a mechanism for the duty to register to automatically expire after a period of time in the community with no new serious criminal convictions, which are called disqualifying offenses.

1. Class B Offenses-Fifteen Years before Automatic Expiration.

9A.44.140 provides

(2) For a person convicted in this state of a class B felony who does not have one or more prior convictions for a sex offense or kidnapping offense and whose current offense is not listed in RCW 9A.44.142(5), the duty to register shall end fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense during that time period.

Note: A person convicted of a Class B offense is eligible to petition the Court to be relieved of registration after being in the community for ten consecutive years with no new disqualifying offenses, or they can wait fifteen years when it will expire automatically.

2. Class C and Gross Misdemeanor Offenses-Ten Years Before Automatic Expiration.

9A.44.140 further provides,

(3) For a person convicted in this state of a class C felony, a violation of RCW 9.68A.090 (CMIP) or 9A.44.096 (sexual misconduct with a minor 2) or an attempt, solicitation, or conspiracy to commit a class C felony, and the person does not have one or more prior convictions for a sex offense or kidnapping offense and the person's current offense is not listed in RCW 9A.44.142(5), the duty to register shall end ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of a disqualifying offense during that time period.

3. What is a Disqualifying Offense?

Prior to 2010 any new criminal conviction of any kind meant that the waiting periods for automatic relief from registration would restart those waiting periods, as the law required ten or fifteen consecutive years in the community new no new criminal offenses of any kind. In 2010 the Legislature adopted a Sex Offender Policy Board recommendation to change this to require the waiting periods to restart only if the person committed a more serious offense, deemed a "disqualifying" offense.

RCW 9A.44.128 Definitions.

(3) "Disqualifying offense" means a conviction for:

Any offense that is a felony; a sex offense as defined in this section; a crime against children or persons as defined in RCW43.43.830(5) and 9.94A.411(2)(a) ii ; an offense with a domestic violence designation as provided in RCW 10.99.020; permitting the commercial sexual abuse of a minor as defined in RCW9.68A.103; or any violation of chapter 9A.88 RCW (indecent exposure, prostitution offenses).

4. Getting off the Registration Rolls after the Duty "Automatically" Expires-It Won't Happen Unless You Ask.

The law says a person's duty to register "shall end" after the specified time periods in the community with no new disqualifying offenses, but that does not mean the person will actually be taken off the rolls when this happens. The problem is, nobody is checking to see who has earned the right to be removed from the list and who has not. A person must make an affirmative request to the local Sheriff to be taken off the rolls in order for this method of getting off the registration rolls to work. A mechanism for actually getting removed from the registration rolls when this time period had run was created in 2010 with the adoption of RCW 9A.44.141, which provides:

RCW 9A.44.141, Investigation-End of duty to register-Civil Liability.

(1) Upon the request of a person who is listed in the Washington state patrol central registry of sex offenders and kidnapping offenders, the county sheriff shall investigate whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.
(a) Using available records, the county sheriff shall verify that the offender has spent the requisite time in the community and has not been convicted of a disqualifying offense.
(b) If the county sheriff determines the person's duty to register has ended by operation of law, the county sheriff shall request the Washington state patrol remove the person's name from the central registry.
(2) Nothing in this subsection prevents a county sheriff from investigating, upon his or her own initiative, whether a person's duty to register has ended by operation of law pursuant to RCW 9A.44.140.

If a person believes their duty to register has expired they should send a letter to the elected Sheriff for their county, certified mail, requesting that the Sheriff investigate and then remove them from the registration rolls. Pursuant to RCW 9A.44.141 the Sheriff then has a duty to investigate whether the person has been in the community with no new disqualifying offenses for the requisite period of time.

C. Who May Petition to be Relieved of the Duty to Register Under the "Adult" Statute, 9A.44.142?

1. Juvenile Offenders with Prior Sex or Kidnapping Offenses after Ten Years.

The Juvenile statute (9A.44.143) does not allow juveniles who have subsequent sex or kidnapping offenses to petition under the more relaxed time periods and burden of proof provided under the juvenile statute, but they may petition under the "adult" statute nonetheless. 9A.44.142 applies to all convictions, not just those in adult court.

2. Washington state Class A and B offenders and repeat sex offenders after Ten Years.

9A.44.142 provides: (1) (b) If the person is required to register for a conviction in this state and is not prohibited from petitioning for relief from registration under subsection (2) of this section (SVPs and forcible compulsion), when the person has spent ten consecutive years in the community without being convicted of a disqualifying offense during that time period;

3. Out of State and Federal Adult Offenders after Fifteen Years.

9A.44.142 (1) (c) provides for a person to petition the court for relief from registration: If the person is required to register for a federal or out-of-state conviction, when the person has spent fifteen consecutive years in the community without being convicted of a disqualifying offense during that time period.

Note: The Juvenile statute, 9A.44.143, does not require that the offenses committed must have been committed in Washington state in the same way that the adult statute, 9A.44.412, does. Therefore, with out of state juvenile offenders convicted in a juvenile court in another state you can use RCW 9A.44.143 with it's significantly shorter waiting period and lower burden of proof if they have no prior sex or kidnapping offenses.

D. What does the Petitioner Have to Prove to Get off Registration under 9A.44.142?

1. What is the Burden of Proof Under the Adult Statute?

Under the statute dealing with "adult" offenses the burden of proof is higher. The statute requires in section (4)(a) The court may relieve a petitioner of the duty to register only if the petitioner shows by clear and convincing evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and kidnapping offenders. 9A.44.142

2. What does the Petitioner have to Prove to Get Relief under the Adult Statute?

The factors that the Court considers are identical to the factors listed above for juvenile offenders listed above in the section regarding juvenile registration. iii


i Aggravated Offenses and Sexually Violent Offenses Defined.

* (i) "Aggravated offense" means an adult conviction that meets the definition of 18 U.S.C. Sec. 2241, which is limited to the following:

 (A) Any sex offense involving sexual intercourse or sexual contact where the victim is under twelve years of age;

 (B) RCW 9A.44.040 (rape in the first degree), RCW 9A.44.073 (rape of a child in the first degree), or RCW 9A.44.083 (child molestation in the first degree);

 (C) Any of the following offenses when committed by forcible compulsion or by the offender administering, by threat or force or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct: RCW 9A.44.050 (rape in the second degree), RCW 9A.44.100 (indecent liberties), RCW 9A.44.160 (custodial sexual misconduct in the first degree), RCW 9A.64.020 (incest), or RCW 9.68A.040 (sexual exploitation of a minor);

 (D) Any of the following offenses when committed by forcible compulsion or by the offender administering, by threat or force or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct, if the victim is twelve years of age or over but under sixteen years of age and the offender is eighteen years of age or over and is more than forty-eight months older than the victim: RCW 9A.44.076 (rape of a child in the second degree), RCW 9A.44.079 (rape of a child in the third degree), RCW 9A.44.086 (child molestation in the second degree), or RCW 9A.44.089 (child molestation in the third degree);

 (E) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is under twelve years of age or that is committed by forcible compulsion or by the offender administering, by threat or force or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct;

 (F) An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to commit such an offense; or

 (G) An offense defined by federal law or the laws of another state that is equivalent to the offenses listed in (b)(i)(A) through (F) of this subsection.

**(ii) "Sexually violent offense" means an adult conviction that meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A), which is limited to the following:

 (A) An aggravated offense;

 (B) An offense that is not an aggravated offense but meets the definition of 18 U.S.C. Sec. 2242, which is limited to RCW 9A.44.050(1) (b) through (f) (rape in the second degree) and RCW 9A.44.100(1) (b) through (f) (indecent liberties);

 (C) A felony with a finding of sexual motivation under RCW 9.94A.835 where the victim is incapable of appraising the nature of the conduct or physically incapable of declining participation in, or communicating unwillingness to engage in, the conduct;

 (D) An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to commit such an offense; or

 (E) An offense defined by federal law or the laws of another state that is equivalent to the offenses listed in (b)(ii)(A) through (D) of this subsection.

ii Crimes Against Persons.

A crime against children or persons as defined in RCW 43.43.830

(5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnapping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; *patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

A Crime Against Persons is further defined in 9.94A.411(2)(a) as:

Aggravated Murder, 1st Degree Murder, 2nd Degree Murder, 1st Degree Manslaughter, 2nd Degree Manslaughter, 1st Degree Kidnapping, 2nd Degree Kidnapping, 1st Degree Assault, 2nd Degree Assault, 3rd Degree Assault, 1st Degree Assault of a Child, 2nd Degree Assault of a Child, 3rd Degree Assault of a Child, 1st Degree Rape, 2nd Degree Rape, 3rd Degree Rape, 1st Degree Rape of a Child. 2nd Degree Rape of a Child, 3rd Degree Rape of a Child, 1st Degree Robbery, 2nd Degree Robbery, 1st Degree Arson, 1st Degree Burglary, 1st Degree Identity Theft, 2nd Degree Identity Theft, 1st Degree Extortion, 2nd Degree Extortion, Indecent Liberties, Incest, Vehicular Homicide, Vehicular Assault, 1st Degree Child Molestation, 2nd Degree Child Molestation, 3rd Degree Child Molestation, 1st Degree Promoting Prostitution, Intimidating a Juror, Communication with a Minor for Immoral Purposes, Intimidating a Witness, Intimidating a Public Servant, Bomb Threat (if against person), Unlawful Imprisonment, Promoting a Suicide Attempt, Riot (if against person), Stalking, Custodial Assault, Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145), Counterfeiting (if a violation of RCW 9.16.035(4)), Felony Driving a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW 46.61.502(6)), Felony Physical Control of a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW 46.61.504(6))

iii Factors Warranting Removal From Registration Rolls.

9A.44.142 (4) In determining whether the petitioner is sufficiently rehabilitated to warrant removal from the registry, the following factors are provided as guidance to assist the court in making its determination:
(a) The nature of the registrable offense committed including the number of victims and the length of the offense history;
(b) Any subsequent criminal history;
(c) The petitioner's compliance with supervision requirements;
(d) The length of time since the charged incident(s) occurred;
(e) Any input from community corrections officers, law enforcement, or treatment providers;

(f) Participation in sex offender treatment;

(g) Participation in other treatment and rehabilitative programs;
(h) The offender's stability in employment and housing;
(i) The offender's community and personal support system;

(j) Any risk assessments or evaluations prepared by a qualified professional;
(k) Any updated polygraph examination;
(l) Any input of the victim;
(m) Any other factors the court may consider relevant.