By Robin . . . Congratulations to NARSOL’s attorney, Paul Dubbeling, who has successfully challenged the constitutionality of registering individuals who moved to North Carolina prior to December, 2006, with convictions from out-of-state. Federal District Court Judge Terrence Boyle signed an order yesterday (May 12) agreeing that these individuals (more than 1,000 of them) were placed on the N.C. registry without due process and must be removed. NCRSOL was responsible for contacting the registered members of the class in order to request feedback from them as a means to affirm that nobody in the class received any sort of process before being placed on the registry by a county sheriff or his/her agents. We are very pleased that Judge Boyle agreed with our position in this matter and granted the relief we sought.
Is it hereby ORDERED, ADJUDGED, and DECREED that defendants, their successors, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice hereof
(1) SHALL REMOVE plaintiffs and the class members’ names and other information from the North Carolina Sex Offender Registry, and are further
(2) ENJOINED from prosecuting plaintiff or the class members for any offenses applicable only to registered sex offenders based upon their registration on the North Carolina Sex Offender Registry solely because of a prior determination that their out-of-state offense committed before December 1, 2006, is substantially similar to a North Carolina offense requiring sex offender registration.
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Robin is NARSOL’s chair, the managing editor of the Digest, director of development, and provides assistance to the webmaster in keeping our websites running smoothly. He also serves as founder and president of Vivante Espero, NARSOL’s 501(c)(3) foundation and legal fund.
I would like to know if I would be eligible to be one of the individuals removed from the NC sex offender registry. I do believe I fit in the category as described above. Please someone contact me! This could change mine and my children’s lives.
Heather, for the definitive answer to that, you should consult an attorney. Each individual’s case is going to be very different, and for something as important as this, you probably shouldn’t take legal advice from online bulletin board comments!