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.