“Initial County Registration” for Sex Offender Registry Purposes

Under G.S. 14-208.12A, a sex offender can petition the superior court for removal from the sex offender registry “[t]en years from the date of initial county registration.” Many times I have been asked whether time spent on another state’s registry counts toward the 10-year minimum registration period in North Carolina. In other words, does the phrase “initial county registration” refer only to a person’s initial registration in North Carolina, or does it also apply to the person’s registration in a county in another jurisdiction? The court of appeals answered the question today in In re Borden. The time spent on another state’s registry does not count. In Borden, the petitioner was convicted of “Rape 1” or “Sexual Abuse 1st Degree” (the record is not clear) in Kentucky in February of 1995. He initially registered in Kentucky in 1995. He moved to North Carolina some time later—apparently around 2009, but perhaps as early as 2002—and registered here.  After receiving a letter from Kentucky in June 2010 stating that he was no longer required to register in Kentucky, Mr. Borden filed a petition in Guilford County to terminate his registration requirement in October 2010.  The trial court determined, based on Mr. Borden’s initial date of registration in Kentucky, that he was qualified to have his petition granted. The State appealed. The court of appeals reversed, holding that “initial county registration” means the date a person first registers in North Carolina. The court reasoned that the purposes of the sex offender registration law are [...]