Failure to Register as a Sex Offender in Virginia

Penalties for Failing to Register

Failing to register as a sex offender in Virginia or proving false information is considered a Class 1 misdemeanor for the first offense if the offender's sex crime was non-violent. A Class 1 misdemeanor is punishable by a jail sentence of up to 12 months and a maximum fine of $2,500. A subsequent conviction for failure to register is a Class 6 felony, which is punishable by a prison sentence of up to five years and a maximum fine of $2,500.

If you have been convicted of a violent sex crime or murder, failing to register or providing false information is a Class 6 felony. A second or subsequent offence is a Class 5 felony, which is punishable by a prison sentence of up to 10 years and a maximum fine of $2,500.

Petitions for Removal of Registry or Less Frequent Registration

After 15 years, some non-violent sex offenders can become eligible to have their names removed from the sex offender registry. They must complete all court-ordered counseling, treatment, and payment of restitution, as well as provide evidence to the court that they no longer pose a threat to public safety.

Unfortunately, this option is not available to those who have been convicted of a violent sex crime or murder. However, after three years, Virginia allows violent sex offenders to petition to have the re-registration period changed from every 90 days to once a year. If you are required to re-register at a more frequent basis due to a prior conviction of failing to register or providing false information to the registry, you can petition after five years for a reduction in frequency.