In re Borden, 216 N.C. App. 579 (Nov. 1, 2011)

The trial court erred by terminating the petitioner’s sex offender registration. G.S. 14-208.12A provides that 10 years “from the date of initial county registration,” a person may petition to terminate registration. In this case the convictions triggering registration occurred in 1995 in Kentucky. In 2010, after having been registered in North Carolina for approximately 1½ years, the petitioner received notice from Kentucky that he was no longer required to register there. He then filed a petition in North Carolina to have his registration terminated. The court concluded that the term “initial county registration” means the date of initial county registration in North Carolina, not the initial county registration in any jurisdiction. Since the petitioner had not been registered in North Carolina for at least ten years, the trial court did not have authority under G.S. 14-208.12A to terminate his registration.

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