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Employer Information for RSO’s: Public or Private a 50 State Comparison


This Page was Last Updated on March 23, 2017  

In Virginia the name of the employer/company of all Registered Sex Offenders (RSO’s), the employer’s full address and the ability to map to the RSO’s place of employment is all publicly posted on the Virginia State Police Sex Offender Registry. 

The practice of publically shaming employers that hire the best candidate for a job who happens to be a Registered Sex Offender is counterproductive and allows for customers, clients contractors and anonymous callers to harass and condemn the employer for hiring a registered Virginian.  

Three times I have found willing patrons to sponsor a bill here in Virginia to remove the employer/company name of offenders from the Virginia State Police Sex Offender Registry.
Ø       2010- SB635 –Sen. Marsden
-          (Passed the Virginia Senate 40-0 to then be stopped in a House Militia, Police and Safety Sub-Committee of 6, VSP openly opposed it.)
Ø       2012- HB413 Del. Watts
-          (“Laid on the table” instead of voting by the House Courts of Justice Criminal Sub-Committee of 8, VSP openly opposed it.)
Ø       2016- SB11 –Sen. Howell
-          (Passed the Virginia Senate 22-17 to then be stopped in House Courts of Justice Criminal Sub-Committee of 12)

As of July 2017, 29 states do not list any employer information publicly (see 50 states comparison below) 

Virginia is one of only 6 states who publicly list both the employer/company name and full address. 

The Federal Adam Walsh Act/SORNA guidelines mandate the employers address be listed on-line but not the company name.  

The Federal Adam Walsh Act/SORNA does NOT require the name of the employer/company to be publicly posted, just the address. The AWA/SORNA recognized that this practice would hinder the ability of an ex-offender to re-acclimate to societal norms.  Of the 17 states the SMART Office has certified as AWA compliant 6 of them do not list ANY employer information, 3 only list the county and/or zip code and 8 post the street address (but not the employer/company name). Proving Federal AWA/SORNA compliance from the SMART Office is possible without listing the employers address, even though some Virginia Legislators and some VSP Legislative Liaisons have claimed otherwise to stop the Virginia Bills attempting to change what Virginia posts on the VSP Registry.

Mary Devoy
 
No Employment Information Publicly Listed:
Arizona
Kansas**   ** 
Oregon
Arkansas 
Kentucky 
Rhode Island 
California 
Minnesota 
South Dakota** 
Colorado**
Montana 
Texas**
Connecticut 
Nebraska 
Utah 
Florida** 
New Hampshire 
Vermont 
Georgia 
New Jersey 
Washington 
Idaho 
North Carolina 
Wisconsin 
Illinois 
North Dakota 
Wyoming** 
Iowa 
Oklahoma**  
 

Employer City, County and Zip Code Publicly Listed:
Pennsylvania**
West Virginia

Employer City and Occupation Publicly Listed:
Alabama**

Employer Street Name and Zip Code Publicly Listed:
Hawaii
Nevada**

Employer Address Publicly Listed:
Louisiana**
Mississippi** 
South Carolina**
Maryland** 
Missouri**
Tennessee**
Massachusetts 
New York
 
Michigan** 
Ohio**
 

 Employer Name and Address Publicly Listed:
Alaska
Indiana
New Mexico*
Delaware
Maine
Virginia

 
**           -  July 1, 2012 Kansas removed ALL employment information from their public registry
**          -  September 1, 2013 Texas removed ALL employment information from their public registry
**           -  Certified AWA/SORNA compliant by the SMART Office as of July 2015
*             -  New Mexico only releases information for registrants who will come into direct contact with children
 
 
*    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *   
Employment for Virginia Registered Offenders
  • “Non-Violent” and “Violent” offenders are ineligible from being licensed to teach children or operate a daycare.
  • Per  § 18.2-370.4. offenders are prohibited from working on school property or to work on daycare property in Virginia.
  • “Non-Violent” and “Violent” offenders are ineligible from being licensed to operate a tow-truck in Virginia.
  • "Non-Violent” and “Violent” offenders with Commercial Drivers Licenses must carry a Type-P Commercial Drivers License. This type of license prohibits RSO’s from driving a school bus or a commercial vehicle that is chartering a school or daycare group/activity.
  • “Non-Violent” and “Violent” offenders can not hold any public office of honor, profit, or trust in the Commonwealth. Anyone who is required to register shall forfeit any office or post and even a full-pardon will not allow the person to return to public service. This is known as the “Ed Barber Law”.
  • “Non-Violent” and “Violent” offenders are ineligible from being licensed as a Bail Enforcement Agent Virginia.
  • “Non-Violent” and “Violent” offenders are ineligible from becoming any type of law-enforcement officer in any locality of the Commonwealth.
  • As of 2015 “Non-Violent” and “Violent” offenders are ineligible from becoming a TNC partner ( Uber or Lyft driver) in the Commonwealth
  • As of July 1, 2015 “Non-Violent” and “Violent” offenders are ineligible from becoming Conservators of the peace in the Commonwealth
  • As of July 1, 2016 anyone found not guilty or guilty “by reason of insanity” can not be licensed by child welfare agency or assisted living facility, approved as a foster or adoptive parent by a child-placing agency, approved as a family day home by a family day system, or employment or serving as a volunteer at an assisted living facility, adult day care center, or child welfare agency.
*    *  *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *  
Some Employment Restrictions for RSO’s
 
Alaska
  • Hearing aid dealers within five years of an offense
  • Sport Fishing Guide on the Kenai River, felony sex offense
 
California
  • Driving wheelchair vans
  • Litter vans
  • Tow trucks
Delaware
Illinois
  • Carnival worker
  • Ice cream truck driver
  • Locksmith
  • Live-scan technician
Kentucky
Massachusetts
New Hampshire
Pennsylvania
  • Taxi dispatcher in Philadelphia
  • Funeral Limo Driver
  • Athletic Agent
  • Wrestling Promoter
Wisconsin
  • Transporting Hazardous Waste
  • Behavior analysts
  • Midwives
  • Motorcycle instructors
  • "Alternative massage" practitioners
AND …..in California it is illegal for an RSO can NOT receive treatment for erectile dysfunction! 

* This information came from American Bar Association’s National Inventory of Collateral Consequences of Conviction for all the punishments for sex offenses in August 2014.