New York’s sex offender registry is governed by the Sex Offender Registration Act (SORA), Correction Law Article 6-C. After a conviction for a covered offense, a court assigns Level 1, 2 or 3. Level 1 registers for 20 years. Levels 2 and 3 register for life, although some Level 2 registrants may petition for relief after 30 years.
A charge is not a conviction. Everyone is presumed innocent, and registration follows only a conviction. This guide is for people facing charges or registration, and for their families.
What is the New York sex offender registry?
SORA took effect on January 21, 1996. The state Division of Criminal Justice Services (DCJS) keeps the sex offender registry. You must register if you are convicted of an offense listed in Correction Law §168-a. The list includes sex offenses under Penal Law Article 130, offenses involving child sexual material under Article 263, attempts, and some out-of-state and federal convictions that match New York offenses.
Some people also receive a designation: sexual predator, sexually violent offender or predicate sex offender (§168-a(7)). A designation can mean lifetime registration, no matter the risk level.
What are the three risk levels?
Sex offender levels in NY, also called SORA levels, tell police and the public how much information may be shared. A judge sets the level. The registry does not.
| Level | Meaning | Public? | How long you register |
|---|---|---|---|
| Level 1 | Low risk of repeat offense | Not listed on the DCJS website. Police may share limited details. | 20 years* |
| Level 2 | Moderate risk | Yes. Listed in the DCJS online directory. | Life, with a possible petition after 30 years** |
| Level 3 | High risk and a threat to public safety | Yes. Listed online, including work address. | Life |
*Life if you also have one of the designations above. **Only if you have no designation. Sources: Correction Law §§168-h, 168-l(6) and 168-q.
Level 1 sex offender NY
A Level 1 designation means a low risk of repeat offense. DCJS does not post Level 1 registrants online, and its public phone line gives only a zip code, not a full address. Police may tell some organizations with vulnerable populations (§168-l(6)(a)).
Level 3 sex offender NY
Level 3 means a high risk of repeat offense and a threat to public safety. DCJS posts these registrants online with their home and work addresses. Police may share the same details with the community and with schools and similar organizations (§168-l(6)(c)).
How long do you have to register as a sex offender in NY?
Duration depends on your risk level and any designation (Correction Law §168-h):
- Level 1, no designation (or no level yet): annually for 20 years from the initial registration.
- Level 2 or 3, or any designation: annually for life.
- Level 2, no designation: you may ask the court to end registration after 30 years (§168-o(1)).
How is your risk level decided at a SORA hearing?
The Board of Examiners of Sex Offenders, five members appointed by the governor, writes a confidential recommendation for the court (§168-l). The court, not the Board, decides the level after a hearing (§168-n).
Your rights. The court must send written notice of the hearing at least 20 days ahead. You have the right to be heard and to be represented by counsel. If you cannot afford counsel, you may apply for assigned counsel (§168-n(3)).
The prosecution’s burden. The District Attorney must prove the facts by clear and convincing evidence. The court may consider reliable hearsay. Facts proven at trial or admitted in a plea are treated as established.
The risk assessment instrument. The Board scores a point-based form, called the RAI, under its Risk Assessment Guidelines and Commentary (2006). Courts apply these ranges:
- 70 points or fewer: presumptive Level 1
- More than 70 but under 110: presumptive Level 2
- 110 or more: presumptive Level 3
Four automatic overrides can move a case to presumptive Level 3. Examples include a prior felony sex crime conviction and a recent threat to reoffend. Either side can ask for a departure from the presumptive level. For a downward departure, the defense must identify a mitigating factor the guidelines do not adequately cover, and prove it by a preponderance of the evidence (People v. Gillotti, 23 N.Y.3d 841 (2014)).
How this works in Syracuse and Onondaga County
A felony case usually starts in a local criminal court, such as Syracuse City Court or a town or village court. If a grand jury indicts, the case moves to a superior court like Onondaga County Court. Cayuga and Oswego County cases follow the same statute, and appeals from all three counties go to the Appellate Division, Fourth Department.
Facing a SORA hearing or a registerable charge? Call 315-424-8326 for a free, confidential consultation. Phones are answered 24/7.
What are the registration duties in New York?
Anyone on the sex offender registry NY has ongoing duties with firm deadlines:
| Duty | When | Law |
|---|---|---|
| Register with DCJS | At least 10 days before release, or at sentencing if you are on probation or paid a fine | §168-f(1) |
| Verify your address by mail | Each year, within 10 days of receiving the DCJS form | §168-f(2) |
| Have a new photo taken | Level 3: every year. Levels 1 and 2: every three years | §168-f(2) |
| Verify in person | Level 3 and sexual predators: every 90 days | §168-f(3) |
| Report changes | Within 10 calendar days: address, internet accounts, internet identifiers, college status. A $10 fee applies to address and college-status changes. | §168-f(4) |
Failing to register or verify is a felony. A first failure is a class E felony, and a second or later failure is a class D felony (§168-t). It can also be a basis to revoke parole or probation.
Who can see your information on the registry?
When you search the sex offender registry NY online, only Level 2 and Level 3 registrants appear in the DCJS directory. You can search it by last name, county or zip code. The public can also call the DCJS toll-free line, 1-800-262-3257, and ask about any level by giving a name and one identifier, such as an exact address or birth date.
Can you get your risk level lowered or come off the registry?
Maybe. Correction Law §168-o allows two kinds of petitions:
- Lower the level (§168-o(2)). Any registrant may petition the sentencing court or the court that set the level. You must prove your case by clear and convincing evidence, and the court will not consider a petition more than once a year. The court asks the Board for an updated recommendation, then decides. Courts generally ask whether circumstances have changed since the first decision.
- End registration (§168-o(1)). Only a Level 2 registrant with no designation may apply, and only after 30 years. The court will not consider a petition more than once every two years.
The District Attorney can also petition for a higher level after a new conviction or a supervision violation that shows increased risk (§168-o(3)).
Appeals. Either side may appeal a SORA order as of right (§168-n(3)). A notice of appeal is generally due within 30 days after you are served with the entered order and notice of entry (CPLR 5513(a)). Assigned counsel continues on appeal if you cannot afford a lawyer. Learn more about SORA appeals.
Why the defense matters before a plea
Registration depends on what you are convicted of. A plea to an offense that is not on the §168-a lists carries no SORA duty. Once you plead to a covered offense, registration follows, and the level is set at a hearing.
What you admit in a plea can also be treated as established at that hearing. The words in a plea matter.
At the hearing, a defense team can challenge point scores, contest overrides and argue for a lower level. Our team handles sex crimes defense and SORA hearings. Our SORA work includes People v. Cohen, where a risk level was reduced from Level III to Level II. Prior results do not guarantee a similar outcome.
Until you have legal advice, say as little as you can. Read why speaking with police before getting legal advice is risky and the constitutional rights that apply in criminal cases.
Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. For more general answers, see our FAQs page.
Charged with a sex offense in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Frequently asked questions
Does an arrest or charge put you on the registry?
No. Registration applies after a conviction for an offense listed in Correction Law §168-a. An arrest or pending charge does not put anyone on the registry. A person who is charged is presumed innocent, and the outcome of the case, including any plea, decides whether registration applies.
What are the sexual predator, sexually violent offender and predicate sex offender designations?
A sexual predator was convicted of a sexually violent offense and has a mental abnormality or personality disorder that makes predatory sexually violent offenses likely. A sexually violent offender was convicted of a listed sexually violent offense. A predicate sex offender has a prior covered conviction. Each designation requires lifetime registration (Correction Law §168-a(7) and §168-h(2)).
Do you have to register if you move to New York from another state?
You must notify DCJS within 10 days of establishing residency. The Board of Examiners then decides whether you must register in New York. If you must, a court in the county where you live holds a hearing to assign your risk level. Out-of-state offenses count if they match a New York offense or require registration where they occurred (§168-a).
What happens if you miss your SORA hearing?
The court may hold the hearing without you if you fail to appear without a sufficient excuse. In your absence, you cannot contest the prosecution’s evidence. That can lead to a longer registration period or a higher level of community notification (Correction Law §168-n).
Can the District Attorney ask for a higher risk level?
Yes, in two ways. At the original hearing, the prosecution may seek a level different from the Board’s recommendation, and must give written reasons at least 10 days before the hearing. Later, the District Attorney may petition for a higher level after a new conviction or a supervision violation that shows increased risk (§168-n(3) and §168-o(3)).
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.