Relief from Registration in the Board of Parole
Now that Oregon's tier-system is fully up and running, many more current registrants will be petitioning the Oregon Board of Parole for relief from sex-offender registration. As that process is different from how the process went in the courts, registrants should be aware of what to look out for.
Timing of EligibilityThe time to seek relief in the Board of Parole depends entirely on when a person was released from all supervision for their sex-crime, regardless of whether the person was on probation or post-prison supervision.
A person classified as Level 1 must wait 5 years from the end of supervision to petition for relief. A person classified as Level 2 must wait 10 years from the end of supervision to petition down to Level 1, and then an additional 5 years to petition off the registry. A person classified as Level 3 must wait 10 years from the end of supervision to petition down to Level 2, and that is as far the registrant can go.
What Goes into the Petition?There are many sources of information needed for the petition packet. The Board wants to see the original police reports, court records, supervision records, treatment records, character letters, any recent psychological evaluations or polygraph test results, among other items. If certain records are not available, then the person will need to include a letter describing the efforts taken to get the records.
What Happens at the Hearing?At the Board of Parole, the person is given the option to appear by phone or in person. The hearing is set up so that the Board members will have reviewed the petition packet, and so then the Board members will ask the registrant a number of questions to follow up on what is in the packet. Question topics include:
- Why the offense took place and what the person should have done differently
- What are the person's hobbies and who do they associate with
- What were the requirements of supervision
- What impact has the offense had on the person, the victim, and anyone else
- Is the person financially stable and what is their job
- Does the person have any other criminal history
- What would it mean for the person to be relieved from registration
This is meant to be a sampling of the topics. The Board of Parole is very thorough, and goes through many topics related and unrelated to the offense, to determine if the person is a continuing threat to the public.
Once questioning is over, the person will be permitted to give closing remarks regarding why they believe they should receive relief. Then, the Board members will discuss the case privately, and then state the decision to the registrant. If relief is granted, the Board sends an order to the Oregon State Police to update the records. If denied, the registrant must wait 3 years before re-applying for relief.
Any registrant who seeks relief should speak with an attorney before doing anything, as an attorney will be able to detail for the registrant the basic steps, and what the eligibility requirements are. Getting this relief is not a simple matter, and a registrant who wants to file for relief should not do so alone.