Reply To: NARSOL’s attorney wins important procedural due process case

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Is it possible for the state to define a new process for determining whether an out-of-state offense is “substantially similar” to an NC reportable offense, and apply it to the plaintiff and anyone else who committed offenses out of state before moving to NC? If it affords the due process that the judge said was lacking, wouldn’t that suffice to make it constitutional?

The judge’s order implies that possibility. It enjoins the state from placing the plaintiff on the sex offender registry “… without first affording him prior notice and an opportunity to be heard on whether his previous out-of-state offense is “substantially similar” to a reportable North Carolina conviction.”