Removal from Registry After Out-of-State Conviction

In previous posts I have discussed when someone moving into Indiana must register and for how long. To summarize, there are two provisions under Indiana law that require people relocating to Indiana to register. First, if the person is required to register in any other state, he is required to register in Indiana. The person’s registration requirements from the other state simply carry over to Indiana. Second, if the person has been convicted of an offense that is substantially similar to an Indiana offense that triggers registration, the person may also be required to register in Indiana, regardless of whether he is currently required to register anywhere else.

Once a person relocates to Indiana, the D.O.C. will determine the registration requirements. If the person is not required to register anywhere else but has been convicted of an offense that requires registration in Indiana, then Indiana’s registration requirements (length of registration period, designation, conditions, etc.) will apply. But if the person is required to register in another jurisdiction and subsequently moves to Indiana, the D.O.C. will compare the other jurisdiction’s requirements and Indiana’s, and will apply the harsher requirements. For example, if the other state has a longer registration period than Indiana, the other state’s registration period will apply.

Lately, I have received quite a few calls about registrants seeking removal from Indiana’s requirement to register after an out-of-state conviction. This is where things get tricky. Consider the following hypothetical: a person was convicted in Illinois for an offense that required registration for a period of 10 years. The person began registering in Illinois but then subsequently moved to Florida, which required lifetime registration for the conviction. Florida’s registration requirements thus attached to the person’s registration obligation.

Now the person moves to Indiana. Under Indiana law, the Illinois conviction required only a 10-year registration period. But Florida’s lifetime registration requirement carried over, so Indiana now requires the person to register here for life. The person completes his original 10-year registration period here in Indiana and wants to seek removal from the registry. What can he do?

As far as I know, there is no case law in Indiana that is directly on point. So my advice would be based on my understanding of the law. The registrant likely would first need to seek removal from his registration requirement in Illinois. I recently obtained this for an out-of-state registrant whose conviction was from Indiana. I filed a request for a court order (essentially, a declaratory judgment) that, had the person still lived in Indiana, his registration obligation would have been satisfied.

After obtaining something similar in Illinois, our hypothetical registrant could then take the order/judgment to Florida and seek removal of his registration requirement there. He would likely need to obtain the same type of order/judgment there, and then bring both orders/judgments to Indiana.

At that point, the registrant could show that he no longer falls under the provision in Indiana law that requires him to register simply because he is required to register in another jurisdiction. But there is still the other provision to deal with, which requires him to register in Indiana simply because he has a conviction for a substantially similar offense. In that situation, the prior conviction would be treated as if it occurred in Indiana, and Indiana’s registration requirements would apply. If the conviction only required a 10-year registration period, the person’s obligation to register would be satisfied. But if under Indiana law the conviction required registration for life, he would need to seek removal (if removal was available, as some convictions do not allow for discretionary removal of the lifetime registration requirement).

This is a very complicated process. If you need any assistance, please do not hesitate to contact me!