Posting #180 – Out-of State Employment 

By:  Mike and Bob
Date:  12/24/2009

Employment as a Registered Sex Offender is very difficult to secure. A few supporters have found employment that takes them out-of-state or even out-of-the-country.

As we all know, keeping track of the ever changing restrictions and regulations we must obey in Virginia is extremely difficult but to know what you are required to do out-of-state when EVERY state has different rules and laws is almost impossible.

Mike and Bob have shared their experiences with RSOL of Virginia.
We want to share their messages in case anyone else is also in the same boat.

1) RSOL of Virginia,

I work for a company that has projects all over the place. These projects generally last from 2 - 6 months, depending on the size of the project.  So, I'll be on one project in one state for a few months, then when that project ends, I'll be sent to another project (usually in another state) for a few months, then when that project ends, I get sent somewhere else.  On top of that, I work a 2 weeks on, 1 week off schedule.  So I work for 2 weeks at the project site, then fly back home to VA for 1 week, then fly back to the work site for 2 weeks . . . . While I'm at the work site, the company puts me up, sometimes a hotel, or a rental property.

This is how I've handled it so far:  In VA I kept my home address as VA - which is my home, where all my stuff is, where I get my mail, etc.  As my work address I have my company's HQ, in ____________. Then, in the state my project is in, I register there as being there to work, I give them the address where my company is putting me up, and the address of the local site office for my work address.

That seemed to work fine, until I went to work in NC, and I guess they sent a notice to VA, because my home address on VA's registry changed to the address I was staying at in NC.  This came as a surprise since I never went in and did a registration form to change my home address with VA (because my home didn't change).  I only found out it changed because my mom happened to check my info online the other day.

So I called the number on the VSP website, and the officer told me that NC did send them a notice, and that's how it got changed.  Furthermore, my address verification form got sent to NC, and subsequently returned to the VSP.  She said I needed to go reregister my VA address, so I can get my address verification form.  She also said that if I'm out of VA for more than 10 days I need to change my registration.

So here's the problems (that are immediately obvious to me)

1)  That address verification form is never going to catch up with me, unless it just happens to arrive the week that I'm home - which is pretty unlikely

2)  If I'm supposed to change my registration if I'm gone for more than 10 days then that would mean I would be changing my registered address 2 times every 3 weeks - there's no way the system can keep up. If I showed up to register the first day of my week off, by the time it got through the system and posted online, the week would be over.  So while I'm here, my address is wrong, then when I'm gone, it shows that I'm here when I'm not. . . . kinda defeats the purpose of the registry - which doesn't really bother me - except that when they come looking for me (like to verify addresses) they're not going to find me - and that's what bothers me, because that tends to make them unhappy, and make trouble for me.  

I want to do whatever I have to be compliant - but I don't want a failure to register charge as a result of their system being inadequate.

What do you think?

Mike

2) RSOL of Virginia,

I will tell you my experiences, and what I have done to try to protect myself and my family from the multitude of laws and the State Police. 

As you noticed the system penalizes you for moving around and not in your favor and leaves you wide open for interpretation.

Within the State data fusion centers, DHS, FBI, ICE and the State Police data bases you are definitely being tracked and the system is set up purposely inefficient in order to put you in prison for as long as possible.  You cannot trust the 804 VSP phone number to ask questions for you will likely get different answers from whoever answers the phone, and it’s NOT in writing and becomes your word against theirs.  Needless to say what your word is worth, true or not.  For example, I contacted the 804 number when the law changed to get clarification on must I put my employer name on re registration form since the law said address.  The woman told me, specifically NO, just the address.  Shortly thereafter, the VSP showed up in _______________ where I worked at the time to inform me that I was under investigation for non compliance of not putting my employer name down.  I re-registered in the VSP car on the spot to update the information. 

Another time the VSP came to my home to arrest me while I was home on leave from working and living in another country.  The VSP told me that my neighbor faxed them that my employment information was not current because I was home all day everyday (on leave) and since that would be failure to register he told them to come pick me up. So I had to photo copy my passport visa stamps of everywhere I traveled (dates/time) and provide them to the officer, and let him see I was just getting ready to eat breakfast and not doing anything wrong other than living in my home within the legal time. 

Here is an important pointer; there are purposely embedded flaws to these laws that are designed to hurt you.  For example, if you were convicted in NC of indecent liberty with a minor by custodian, a misdemeanor charge, non violent registration of 10, 15, or 25 year registry.  You leave to go work in Virginia per say for an extended work time and register in Virginia.  Virginia re-classifies you as a violent lifetime registration and you finish your work and go back to NC and re-register.  Now forever, you do not go back to a misdemeanor 10, 15, 25 year registration status.  Oh no, you go back to NC as a violent lifetime registration compliments of Virginia!  Your status goes up, but not down or never back to the status it was before you moved!  This is what Virginia currently is doing to people coming from other states.  

You must be careful to understand thoroughly the laws of each state you enter!  Most state SO websites have a lot of outdated laws and information posted on them is old because they can’t keep up with all the changes in the laws and simple laziness. It does not benefit them if you understand or know the laws. 

You must contact the SO person in the state law enforcement agency to ask the right questions of what exactly to expect when you come in to register. Might be a good idea to travel there in advance to go in person and ask if you’re near an expected work site in the future. 

It is Critical to get a legible receipt when you register and keep every single receipt and keep a log book of who, what, when, and where you registered.  Virginia operates under the guise of wanting their SOs to register, but then they took off their website the expected next registration date, so you don’t know exactly when the next registration is coming and this hurts your travel planning.  You might be gone when the registration comes because you don’t know the exact date as before and can guess 90 days from the last time, but it could come a week early or a week late.  A week can make all the difference…

It does not matter if you are registered in another state, they will prosecute you in their state under their state law.  Ten days a year total over the entire 12 months and you must register. 

Things I would do:

1. Find out the current laws of each state and how much time in the state before you MUST register
2. Keep a log book of everyplace you travel, dates and the date you registered and lived.  Who you talked to and what was said.
3. Keep your legible receipts of each registration
4. Do not trust calling any number of what is said, get a name, try and get it in writing somewhere if possible their requirements.
5. Websites are usually outdated and may not have current laws or so many laws that conflict.
6. For a small amount of money in comparison to what it cost when arrested, seek a good attorney’s advice on how to proceed with your dilemma.
7. Be careful where you travel as to their laws may re classify you up, and you cannot go back down to a lower status.
8. Research carefully each state you intend to work in and all their laws, restrictions and timelines for notification of leaving and staying. 

Bob

Update:
Date: 04/23/10
By: Mike

RSOL of Virginia,

Sorry for the long delay.  I finally got an answer from the lawyer.  
He talked with the VSP attorney that handles cases stemming from the registry. He said that the way I was handling it was correct - to treat it as a job that changes sites regularly (like a plumber), and to register my work address as the company's HQ, and to keep my home address as my address here in VA.  He also said that in the future the trooper assigned to me could answer those questions.

My lawyer contacted my trooper and explained to him what was going on.  Shortly thereafter my trooper contacted me and come and did the address verification in person.  He seemed pretty accommodating in scheduling a time to come do it when I would be there.

Mike