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​​The US sex offender registry system is extremely complex and widely misunderstood. Here is some basic information, and resources to find more.

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5WAVES are not an attorneys and this is not legal advice. Please visit Finding a Lawyer for assistance.

​How does a person get listed on the public sex offender registry?

An individual must be both charged, and either plead guilty or be convicted at a trial, of an offense that requires them to register. Which offenses require registration, and for how long, are different in each state and territory.  

 

Can the victim who reports a crime determine whether the person who violated them is listed as a sex offender?

NO. The attorney prosecuting for the state will decide what offenses can be charged, based on the law and the evidence available. Often they will take the victim’s wishes into consideration, but they do not or cannot always follow them.  Whether or not the person ends up on the registry depends on whether they are actually convicted, and of which crime.

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How long will a person have to stay on the registry?  

The amount of time a person has to register in their own state depends on the state laws and the offense that triggered the registration. Even after a person has completed the time required on their state’s registry, the current network of laws make it very difficult to ever get off the federal sex offender registry entirely. 

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Can people who offend as minors be listed on the sex offender registry?

In some places, yes. The laws affecting this vary widely from state to state. It is highly advised to consult a local attorney who specializes in sex offenses and juvenile law.

Does the sex offender registry protect children?

Generally, current US criminal sex offender registries are an ineffective tool. Sex offender registry laws are created to prevent repeat offenses, especially by strangers. But the vast majority of sexual violence against children is done by those who have never been convicted before and who are well known to the child victims. There are currently so many people required to register that it is hard for law enforcement to focus on the smaller group who present a high risk to the public. Many registry restrictions are actually counter-productive to public safety. Past offenders who are socially isolated, depressed, unemployed, or homeless are actually more likely to re-offend. There are other effective ways available to protect children from sexual abuse.

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Isn’t there also some other registry that can come up in background checks?

In some states, if the Department of Human Services does an investigation and finds that child sexual abuse happened, they may add the abuser’s name to their state’s central registry for caregiving occupations. These records are not available to the general public. But they can be accessed if the person applies for a job with a licensed child or adult care facility, school, certain professional licenses, or to be a foster or adoptive parent. DHS can list them even if no criminal case is brought, and the standard of proof is much lower. Most states have a process to be de-listed or to be allowed to be a caregiver after completing treatment. Legal appeals of this process would go through the administrative law system, not the criminal justice system. Being listed on this registry can affect a person’s life, but not in the same all-encompassing way as being listed on the public sex offender registry.

How can being listed on the sex offender registry affect someone's life?​

  • Employment--it restricts what kinds of jobs or licenses they can hold; potential employers can see their offense and registry status on background checks

  • Housing--they may not be able to live within a certain distance of schools or parks; landlords will see their offense and registry status on background checks

  • Harassment--if their address shows up on a map or list of sex offender residences, they may be shunned, targeted for harassment, or even become victims of vigilante violence

  • Social--sex offender registrants are often barred from being in places where children congregate. They may have difficulties attending their own children’s school events or participating in religious gatherings. Meeting new people and maintaining appropriate friendships and romantic relationships can be very complicated.

  • Travel--those required to register as sex offenders need to follow rules about moving or traveling across state lines and internationally. Their registry status may be required to be shown on their driver’s license or passport.

  • Family--the family of someone listed as a sex offender is also greatly affected by limits on housing, employment, and travel options, and they also experience harassment and stigma by association or physical proximity.  

 

As long as I don’t have to go to prison, I can live with being put on the registry--right?

Many people who have experienced both consider life on the registry to be a greater punishment than the time they spent in prison. If you have not yet pled guilty or been sentenced, be sure to consult an attorney who is intimately familiar with federal and state sex offender registry laws. Even criminal defense attorneys are not all well-versed on the consequences of registry requirements. They may not adequately weigh them when negotiating and making recommendations about plea deals.  

 

What if I have to register as a sex offender? Can I have any kind of life? Can I survive the public humiliation?

YES. Expect a struggle, expect obstacles, expect many people to reduce you to a label. But there is a path forward to a meaningful life. You may have to re-train for a trade, craft, or work-from-home job. Ask your probation officer if there are any local support groups. Families of Sex Offenders is an online community (accessible after creating a free account) for those facing life on the registry and/or for their families and friends. It contains a wealth of information, acceptance, and support.

Warning: this video includes descriptions of sibling sexual abuse and of violence toward a young person who sexually harmed a sibling.

​​​Additional Resources

Peer Support 

Families of sex offenders online support community for families and supporters of people who have been convicted or accused of sexual crimes

 

General Information & Fact Sheets

NARSOL.org: State by State Registry Information

StopItNow.org: Sex Offender Registry FAQ’s

StopItNow.org:Teens and Sex Offender Registry Laws 

​Darkness to Light: Fact Sheet on Perpetrators of Child Sexual Abuse

Florida Action Committee: Fact sheet on the US sex offender registry 

 

Articles for the General Public

Rachel Marshall, 2016, Vox: I'm a public defender. My clients would rather go to jail than register as sex offenders.

Eli Lehrer, 2024, National Affairs: Rethinking Sex Offender Registries 

 

Academic Articles & Reports

Moore Center for the Prevention of Child Sexual Abuse - Johns Hopkins Bloomberg School of Public Health: Research on effective, evidence-based means for prevention of child sexual abuse

NOWHERE TO GO: Fortune Society report on the (in)effectiveness of residency requirements in preventing repeat sex offenses 

Harris, Walfield, Shields, 2015 Collateral Consequences of Juvenile Sex Offender Registration and Notification: Results From a Survey of Treatment Providers

Letourneau & Caldwell, 2013 Expensive, harmful policies that don't work– or, How juvenile sexual offending is addressed in the U.S. 

Letourneau et al, 2018 Effects of juvenile sex offender registration on adolescent well-being: an empirical examination 

Sandler, Freeman, Socia, 2008 Does a Watched Pot Boil? A time-series analysis of New York State's sex offender registration and notification law
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