The Utah Supreme Court has ruled a man must register as a sex offender, despite his conviction ultimately being set aside in another state. Full Article
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Not surprising.
Same thing would happen in Texas.
Any type of deferred or set aside conviction still counts toward registration if you plead guilty or no contest. That was in Sorna also and was unconstitionally added by the attorney General I believe as that violates Seperation of Powers.
In Packingham, the SCOTUS Justices found it “troubling” that any restrictions continue after the court decided duration of government supervision ends. Seems like they should be extra troubled by it continuing after that time and without even a conviction. It makes judges useless pawns and plea deals moot. Yet, we cant get the right cases in front of them to fix this.
More B.S ! Its so sad to think these little pecker heads get away with this kind of stuff all the time. Need a million reg. march ! On the front of their capital door steps .
It seems to me this guy is fighting in the wrong jurisdiction. The story says he was required to register in ID despite the conviction being set aside. Why didn’t he fight it there? As the UT SC states, UT requires registration if required to register in another jurisdiction, which is exactly the case here.
The guy himself even gets this, rendering the other argument moot.
*****
Mr. H____ concedes that he qualifies as an offender under the statute, because he required to register in another state[.]
*****
So, even if UT said, “you’re right, dude, you’re not an offender in UT’s eyes,” he’s *still* need to register with UT because of the ID requirement. He’s fighting the wrong fight, in the wrong State.
More freedoms as a nomads in the US than a resident. Not sure what the loop holes in the laws are available on this but if one would get an out of country driver’s license driving in the USA would still be aloud. Buy and register a mini van under a friend or family member’s name with you listed as a driver “bam!” freedom to live and travel. Trick is know days required to register in each state travelled and never violate that timeline. Talking with law enforcement on how those time restrictions are applied helps…ie. I chatted with a Nevada deputy sheriff that told me the requirement is 48 hours but it is applied by jurisdiction. If the jurisdiction is city PD or county sheriff’s…just stay under 48 hours within individual jurisdictions. In Arizona and New Mexico it’s 10 days. Always do your research and check with legal counsel before travelling.