Under New York’s Sex Offender Registration Act (SORA), people convicted of certain sex crimes must register with the state and follow ongoing reporting rules. However, most offenders do not have to personally tell their neighbors or employers about their status. Instead, law enforcement decides how much information to release to the public, based on the offender’s assigned risk level.
The higher the risk level, the more information is made public. This system is designed to balance public safety with the privacy rights of offenders who have served their sentences.
How the Risk Levels Work
When someone is convicted of a sex crime, the New York Board of Examiners of Sex Offenders reviews their case before their release. They then assign a risk level (1, 2, or 3) based on how likely that person is to commit another offense.
These risk levels are delineated as follows:
- Level 1 (Low Risk): Information stays private and is shared only with law enforcement
- Level 2 (Moderate Risk): Basic information is available on the New York Sex Offender Registry
- Level 3 (High Risk): Information is made public, and law enforcement can directly notify community members
In any of these cases, the law does not necessarily require door-to-door notification. The responsibility for public alerts lies with law enforcement agencies.
Do Sex Offenders Have to Tell Their Employers?
Generally, sex offenders in New York don’t have to personally notify employers about their registration status.
However, there are a few important exceptions.
- If a person’s job involves contact with children or other vulnerable groups, they may be legally barred from working there.
- Public schools and certain government agencies receive automatic notice when someone on the registry applies for a job with them.
- Many employers use background checks that will reveal an applicant’s registration information if they are a Level 2 or Level 3 offender.
All registered offenders must still report any changes in where they live to the Division of Criminal Justice Services (DCJS). Failing to update this information is a crime that can lead to new felony charges.
Community Notification and Public Access
The amount of information available to the public depends on the offender’s risk level.
The New York Sex Offender Registry lists the following for Level 2 and 3 offenders:
- A photo and physical description
- Home address
- Type of offense
- Work location
For Level 1 offenders, only law enforcement can access these details. However, anyone can call the DCJS Sex Offender Registry Hotline to request limited information about a specific person if they have a safety concern.
How Long Does Sex Offender Registration Last in New York State?
Sex offender requirements in New York vary by risk level:
- Level 1: 20 years after conviction or release
- Level 2: Lifetime registration, though removal may be possible after 30 years
- Level 3: Lifetime registration with address verification every 90 days
All offenders are subject to various requirements in addition to those described above as well.
The laws surrounding sex offender registration and public notification in New York are strict and complex. Mistakes can also lead to serious penalties, including prison time.
If you or someone you know is facing registration under the state’s sex offender registration system, Passalacqua & Associates, LLC is here to help. Contact us today to schedule a consultation with a qualified Syracuse sex crimes attorney to learn about your legal rights and obligations.
If you’ve been charged with a crime in Utica or Syracuse and need legal help, contact our skilled criminal defense attorneys at Passalacqua & Associates, LLC. Schedule a free consultation today to discuss your case and protect your rights.
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Syracuse, NY 13202
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