Friday, November 6, 2009

Pardon Precludes Sex Offender Registration

The Delaware Supreme Court has held that the Governor's unconditional pardon of a convicted sex offender operates to prevent the State from requiring the pardoned individual from registering as an offender. The court held, in a case of first impression, that the pardon restores all civil rights and negates the conviction for registration purposes.

I have some experience with the collateral disciplinary consequences of a Presidential pardon. The D.C. Court of Appeals concluded (5-4 with cert. denied) that the pardon did not preclude the imposition of bar discipline based on the underlying facts.  (Mike Frisch)

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