Massachusetts Sex Offender Registry Board (SORB): Registration, Classification Hearings, and Appeals

At Sweeney & Associates, LLC, we have extensive experience representing clients in sex crimes cases and Sex Offender Registry Board (SORB) hearings. Navigating the SORB system can be confusing and intimidating, especially when your classification and registration obligations affect your personal freedom, employment, housing, and reputation. 

Our team is here to provide clarity and guidance at every step of the process, helping clients understand their legal options and what to expect during registration, classification hearings, reclassification, termination, and appeals. 

Looking for legal assistance with SORB? We offer an initial case evaluation, giving clients a safe space to begin planning the best possible approach moving forward.

Contact us online or call (617) 300-0212 today to start a confidential discussion about your case.

What is Megan's Law in Massachusetts?

Megan’s Law refers to federal legislation requiring certain individuals convicted of sex offenses to register as sex offenders. The purpose of the law is to allow law enforcement and, in some cases, the public to track sex offenders, particularly those classified as high or moderate risk. While intended to enhance public safety, registration can have lasting consequences on your privacy, employment opportunities, and housing. In Massachusetts, SORB’s authority is derived from Massachusetts General laws Chapter 6, Sections 178C-178Q.

Every state implements their sex offender registry laws differently. As a result, a person may be relieved from their obligation to register in one State but could be required to register as a sex offender in Massachusetts. Before relocating to Massachusetts or out of Massachusetts, any person convicted of a sex offense should always consult with an attorney to find out what, if any, their registration obligation will be upon relocating. 

What Is the Sex Offender Registry Board (SORB)?

The Massachusetts Sex Offender Registry Board (SORB) is the administrative body responsible for:

• Determining registration obligations for anyone convicted of a qualifying sex offense.
• Classifying offenders into one of three levels (Level 1, 2, or 3) based on risk of re-offense, degree of dangerousness, and whether and to what extent a public safety interest is served by dissemination of the individual’s registration information.
• Reclassification petitions for individuals who believe their final classification has lowered since their last hearing
• Termination petition for individuals who believe they should no longer be required to register
• 30A appeals for individuals who believe SORB’s final classification was incorrect and they appeal to Superior Court by filing a Complaint for Judicial Review.

SORB classification decisions are based on 38 factors outlined in 803 CMR 1.00 including:

• High Risk Factors include whether you have been diagnosed with a certain mental abnormality, repetitive and compulsive behavior, the age of the victim, age at first offense, whether you have been adjudicated a sexually dangerous person, or whether you have ever served the maximum period of incarceration to avoid parole.
• Risk Elevating Factors include your relationship with the victim, history of violence, substance use history, criminal record, whether the offense was in a public place, whether the victim was male, number of victims, types of sex offenses committed, and whether you performed unsatisfactorily in sex offender treatment.
• Risk Mitigating Factors include advanced age, offense-free time in the community, physical issues that would impact an offender’s ability to re-offend, sex offender treatment, stability in the community, and social supports.
• Additional Factors include expert testimony and online offending behavior such as possession of child pornography. 

SORB Classification Levels and Their Impact Explained

The classification level assigned by SORB will greatly impact a person’s daily life, shaping public perception, community notification, and the extent of ongoing legal obligations. 

Each level carries distinct consequences that can affect a person’s day to day life. 

Level 1 – Low Risk

For individuals classified as Level 1 offenders, SORB has determined they pose a low risk of re-offense, low degree of dangerousness, and that no public safety interest is served by dissemination of the individual’s registry information.

This classification carries the least restrictive requirements

• There  will be no internet dissemination of the individual’s registry information.
• There are exceptions but generally Level 1 offenders only have to send in a classification form once a year or if they move, change jobs, or schools

Level 2 – Moderate Risk

For individuals classified as Level 2 offenders, SORB has determined they pose a moderate risk of re-offense, moderate degree of dangerousness, and that a public safety interest is served by dissemination of the individual’s registry information.

Level 2 offenders will have their registry information published online:

• While dissemination of a Level 2 offender’s information will not be actively disseminated to local schools and their neighbors, members of the public will have access to their registry information.

Level 3 – High Risk

For individuals classified as Level 3 offenders, SORB has determined they pose a high risk of re-offense, high degree of dangerousness, and that a substantial public safety interest is served by active community dissemination of the individual’s registry information.

This level brings the most extensive public dissemination of an individual’s registry information:

• Local police will notify all schools of Level 3 offenders.
• Local police may, and often do, include notification to day care centers, youth programs, recreational programs, organizations providing elder services, and other organizations about Level 3 offenders in the community.
• The person’s photograph will be on the police department’s website.
• Level 3 offenders’ information is easily accessible in SORB’s database.

The Importance of Legal Guidance with SORB Classification Matters

Understanding your SORB classification—and what it means for your future—is essential. Because public notification impacts future opportunities, travel in the United States and outside the country, and personal privacy, proper legal guidance is recommended throughout the registration process. An attorney familiar with the classification and appeal process can help you navigate these challenges, advocate for fair treatment, and pursue the most favorable outcome allowed by law.

Offenses That Require SORB Registration

Registration is required for a wide range of offenses, including but not limited to:

• Indecent Assault & Battery 
• Rape
• Statutory Rape
• Assault with Intent to Commit Rape
• Kidnapping a Child
• Sex Trafficking
• Inducing a Minor into Prostitution
• Drugging Persons for Sexual Intercourse
• Possession, Dissemination, or Production of Child Pornography
• Dissemination of Obscene Material to a Minor
• Second or subsequent conviction for Open & Gross Lewdness

Each offense carries specific registration requirements, and the SORB classification process considers its 38 regulatory factors when reaching a classification decision.

Penalties for Failure to Register

Noncompliance with SORB registration requirements is a felony in Massachusetts:

• First Offense: Imprisonment of not less than 6 months not more than 2.5 years in a house of correction or not more than 5 years in state prison.
• Second or Subsequent Offense: Not less than 5 years in state prison. 

Even seemingly minor failures to register such as failure to register your home address, work address, or school address will result in charges and can have serious legal repercussions.

What to Do If You Are Required to Register

If you are convicted of a sex offense that requires registration, you will be notified of your obligation to register with SORB. If you are serving a sentence, you will register while in custody. If you are sentenced to probation, you will report to your local police department to register. SORB will then notify of you of its preliminary classification level. You can either accept the preliminary classification level or request a hearing to challenge it. If you request a hearing, you can retain counsel to represent you at the hearing. After the hearing, SORB will issue its final classification decision. You can either accept the final classification or if you still disagree with SORB’s decision, you can file a 30A appeal in Superior Court. 

30A Appeals are possible in cases where:

• The hearing examiner made a clear error of law.
• The hearing examiner’s decision, rulings, and/or application of certain factors was arbitrary and capricious.
• The hearing examiner’s decision, rulings, and/or application of certain factors was an abuse of discretion.
• The hearing examiner’s decision was not based on substantial evidence. 
• You were convicted of an offense in another state or under federal law and believe that you are not required to register in MA because your conviction is not considered a like violation for registry purposes.

Appealing a SORB Classification Decision provides an avenue for challenging your assigned level or seeking removal from the registry under specific circumstances.

Understanding the Preliminary Classification Process

Most people focus on the final hearing, but the SORB process begins months earlier with a preliminary classification. SORB board members will review your criminal history, police reports, and any documentation submitted by you.

Written submissions from attorneys can play a crucial role in shaping your preliminary SORB classification, sometimes resulting in a lower level even before the classification hearing. It is critical that relevant mitigating evidence be presented and thoroughly considered, giving you the best opportunity for a fair assessment.  You also want to consult an attorney before submitting any paperwork to SORB because while it may seem helpful it can often have unintended consequences and be viewed very differently by SORB. By carefully preparing and timing these submissions, you can often gain a meaningful strategic advantage in the process. 

Sex Offender Reclassification Options 

After three years, individuals may petition SORB for reclassification to a lower level. This process is governed by SORB regulations and can have a significant impact on your life if you are able to reduce your classification level from a Level 3 offender to a Level 2 offender or to a Level 1 offender.

Once a sex offender requests reclassification, the Board has the burden of showing by clear and convincing evidence that the offender should remain at their current classification level. In some cases, the Board does agree the offender’s classification level should be decreased based on the evidence and documentation provided by the offender. 

How Long Must You Register With SORB?

The obligation to register is automatically terminated for many sex offenders after 20 years. Sex offenders can also petition SORB for termination of their registration obligation after 10 years provided there have been no new offenses and other eligibility requirements are met. If SORB denies the offender’s request for termination, they can appeal to Superior Court.

The Long-Term Implications of SORB Registration

SORB registration can have lasting implications, including: 

• Employment Limitations: Many employers will not want to hire an individual who is a Level 2 or Level 3 because the work address would be posted online. There is also a significant stigma associated with being a sex offender in society.
• Housing Issues: Level 2 and 3 offenders can have issues with their housing whether renting or owning due to landlords and neighbors finding out their status as sex offenders.
• Community and Family Impact: Level 2 and Level 3 offenders are on the Internet with Levels 3 offenders facing active community notification affecting personal relationships, employment, and housing.
• Travel and Licensing: There are certain obligations to register depending on travel destinations (whether in the U.S. or outside the country) and how long the individual will be staying in their destination.

Understanding these impacts is critical to planning for your future and ensuring compliance with legal obligations.

How Legal Guidance Can Help with the SORB Process

The SORB process is highly complex, and decisions made early can have lifelong consequences. 

Working with an experienced Massachusetts sex offender registry attorney can help you:

• Determine your registration obligations and classification risks.
• Submit evidence and arguments prior to the preliminary classification and classification hearing stages.
• Pursue appeals in Superior Court or reclassification and termination of registry obligation when eligible.
• Protect your rights and mitigate the long-term impact of registration.

Navigate SORB with Experienced Sex Crimes Attorneys 

The Massachusetts Sex Offender Registry Board (SORB) process is complex and difficult, but you do not have to face it alone. At Sweeney & Associates, LLC, our attorneys take the time to understand details, discuss legal options, and help address the challenges clients may face.

We realize every case and legal situation is unique, and the potential impact of a SORB classification on your life can be significant. Our legal guidance can help you explore opportunities to reduce classification levels and carefully navigate the complexities of SORB registration. 

Call (617) 300-0212 today for a free, confidential consultation regarding Massachusetts Sex Offender Registry Board (SORB) matters.