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, appeals, and reclassification. 

Looking for legal assistance with SORB? We offer an initial case evaluation, giving clients a safe space to begin planning your defense, protect their reputation, and consider 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 state legislation requiring certain individuals convicted of sex offenses—or deemed sexually deviant under prior convictions—to register with the SORB.

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.

What Is the Sex Offender Registry Board (SORB)?

The Sex Offender Registry Board (SORB) Massachusetts 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 and prior convictions.
• Hearing appeals and reclassification petitions for individuals who believe their assigned level is incorrect or who seek to reduce the restrictions placed on them.

SORB classification is based on several factors, including:

• The nature and severity of the underlying offense.
• Prior criminal history, particularly prior sex offenses.
• Psychological evaluations or assessments indicating a likelihood of recidivism.
• Expert testimony or written materials submitted by legal counsel.

Let’s now look at each classification level in greater detail. 

SORB Classification Levels and Their Impact Explained

The classification level assigned by SORB determines far more than just the duration of registration. It can deeply influence 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 where an individual is permitted to live, how they seek employment, and how they rebuild connections within their community. 

Level 1 – Low Risk

For individuals classified at Level 1, SORB has determined they pose the lowest likelihood of reoffending.

This classification carries the least restrictive requirements:

• Community notification is limited; information is generally available only to law enforcement agencies.
• Registration typically lasts 20 years, though monitoring and restrictions are minimal.
• Those classified at Level 1 are generally able to live and work within their communities with fewer limitations than individuals at higher levels.

Level 2 – Moderate Risk

A Level 2 classification reflects a moderate assessment of risk and results in broader visibility within the community. 

While still less public than Level 3, this level carries increased notification requirements:

• Information may be released to adults who formally request it for personal or family safety.
• Local police may share additional notifications in certain circumstances, such as when the registrant moves or changes employment.
• Registration usually lasts 20 years, though individuals may request relief after 10 years of compliance and good conduct.

Level 3 – High Risk

Level 3 represents the highest classification level, reserved for cases where the Board determines there is a greater potential risk to the community. 

This level brings the most extensive public disclosure and ongoing supervision:

• Local law enforcement actively notifies communities where the person resides, works, or where the offense occurred.
• Notifications may be shared with schools, childcare facilities, media outlets, and other places where public contact is likely.
• Level 3 registration often continues for life, and identifying details are generally made available through public databases.

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, freedoms, 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.

How Long Must You Register With SORB?

Lifetime Registration

Sexually violent offenders, individuals who offended against a child, and those with multiple qualifying convictions (including “Wetterling” convictions) are required to register for life.

Term-Limited Registration

Most other sex offenders register for 20 years but may petition SORB for relief after 10 years, provided there have been no new offenses and other eligibility requirements are met.

It is important to note that any failure to comply with registration requirements can result in felony charges with severe penalties.

Penalties for Failure to Register

Noncompliance with SORB registration requirements is a felony in Massachusetts:

• First Offense: Imprisonment of 6 months to 2.5 years in a house of correction or up to 5 years in state prison, plus fines up to $1,000.
• Subsequent Offenses: Minimum of 5 years in state prison per conviction.

Even seemingly minor failures to register, update address information, or provide accurate details can have serious legal repercussions.

Offenses That Require SORB Registration

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

• Indecent sexual assault of a child or vulnerable adult
• Rape, sexual assault, or aggravated sexual assault
• Unnatural and lascivious acts involving minors
• Assault with intent to commit sexual assault
• Kidnapping for sexual purposes
• Solicitation, pimping, or human trafficking involving minors
• Drugging someone for sexual purposes
• Incest or distribution/possession of child pornography
• Attempted sexual offenses

Each offense carries specific registration requirements, and the SORB classification process considers the context and history of these offenses.

Internet or Digital Offenses That Can Trigger SORB Registration

Under Massachusetts General Laws Chapter 6, Section 178C–178Q, registration is generally required for anyone convicted or adjudicated of a “sex offense” as defined in the statute. 

That definition includes not only physical sexual crimes, but also certain internet-related offenses, such as:

• Possession or distribution of child pornography (Mass. Gen. Laws ch. 272 §29C–§29D)
• Dissemination of harmful material to minors, including online sharing (ch. 272 §28)
• Enticement of a child or person believed to be a child via the internet or electronic communication (ch. 265 §26C)
• Indecent assault or exploitation involving digital communication or online solicitation
• Attempted versions of any of the above

Even if there was no physical contact, Massachusetts law treats many internet-based sexual offenses as sex crimes because they involve sexual intent, minors, or explicit material. Once convicted, the SORB determines whether the individual must register and at what level (1–3).

Some borderline cases — for example, improper online conduct without direct solicitation — may lead to a SORB hearing to decide if registration is warranted. In such cases, the context of the online activity and the specific statute violated are crucial.

What to Do If You Are Required to Register: Appealing a SORB Decision

If you are notified that you must register or if you disagree with your classification level, it is essential to seek legal guidance promptly. 

Appeals are possible in cases where:

• The crime occurred many years ago with no subsequent offenses.
• Convictions predated the creation of the SORB system.
• Evidence suggests a lower risk classification may be appropriate.

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

Understanding the SORB 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, psychological evaluations, and any submitted documentation.

It is critical that relevant mitigating evidence is presented and thoroughly considered, giving you the best opportunity for a fair assessment. Written submissions from attorneys can play a crucial role in shaping your preliminary SORB classification, sometimes resulting in a lower level even before the formal hearing. 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 board regulations and is not widely utilized, but it can reduce restrictions and public exposure.

Sex Offender Reclassification involves evaluating eligibility, submitting documentation, and presenting a compelling case to the board for level reduction. Only board members can grant reclassification.

The Long-Term Implications of SORB Registration

SORB registration can have lasting implications, including: 

• Employment Limitations: Certain professions may be unavailable based on classification.
• Housing Restrictions: Certain residences, particularly near schools, parks, or daycare centers, may be off-limits, requiring careful planning.
• Community and Family Impact: Level 2 and Level 3 offenders may face active community notification affecting personal relationships.
• Travel and Licensing: Certain offenses or classifications may require reporting when relocating to another state, adding another layer of responsibility.

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 Quincy criminal defense attorney can help you:

• Determine your registration obligations and classification risks.
• Submit evidence and arguments at the preliminary and hearing stages.
• Pursue appeals or reclassification 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 criminal 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 or contact us online today for a free, confidential consultation regarding Sex Offender Registry Board (SORB) Massachusetts matters.