Selig v. Russell, No. WD82804 (Mo. Ct. App. 2020)
Nature of Case: Respondent brought a petition to be exempt from registration under Missouri law on the grounds that he was convicted of an offense that did not require registration as a sex offender under state law. The trial court granted the Petition, and the state appealed on several grounds: that because his offense required registration under federal law, and because he had to register prior to seeking an exemption, that the trial court erred in granting the petition.
Holding: The Missouri Court of Appeals reversed in part. The Respondent was entitled to seek an exemption from registration prior to actually registering, however because the structure of Missouri state law also required registration if Respondent’s offense qualified for registration under federal law, he would be required to register even if he was exempted under state law. The Court remanded the case back to the trial court for additional findings as to whether Respondent’s offense was one that required registration under federal SORNA.