VA- Bid denied, Portsmouth man stays on offender list

I find it most egregious that the legislature can change the terms of a final agreement made at sentencing, by changing the interpretation of the law as it was at the time of sentencing. i.e., by wordsmithing around whether registration means "further punishment" -or- "further regulation." Whether one wants to punish or regulate, either is a change in the law governeing the final sentencing agreement and that is a ex post facto violation by any reasonable interpretation of what has actually occurred.

6-20-2009 Virginia:

Nineteen years ago, Troy L. Combo was convicted of aggravated sexual battery. He served his time in jail and his criminal record is permanent. On Friday, he learned he can't get his name and face washed off the state's sex offender registry, either.

Combo, 44, filed a petition in Circuit Court in March seeking removal from the state's Sex Offender and Crimes Against Minors Registry. The registry allows the public online access to information on sex offenders, including their addresses, where they work, and their crimes.

It grows by about 1,000 to 1,400 offenders each year, according to State Police Lt. W.J. Reed Jr., who supervises operation of the registry.

Only about 10 people in any given year petition the courts for removal, he said. The number who are successful is lower still, he said.

To come off the registry, individuals must meet certain criteria, including the length of time since their conviction and the type of offense. Sexually violent offenders stay on the registry for life.

In Circuit Court, Combo's lawyer, Sterling Weaver, pointed out the length of time since the conviction and that his client had no other violations. He told Circuit Judge James A. Cales Jr. that the registry didn't exist when his client was convicted.

Being on it had caused Combo "all kinds of problems" as far as where he lived or worked, Weaver said.

Commonwealth's Attorney Earle Mobley said the court lacks the authority to remove Combo from the registry because Combo committed a sexually violent offense.

The judge agreed.

Combo said he filed the petition because he "just wanted to know when this nightmare is over."

He said he made a mistake when he was a young man and is still paying the price. Being on the registry, he said, has meant losing family and friends and not being able to get a job. "I'm on the Internet like a monster," he said. "It's an emotional roller-coaster." ..Source.. by Janie Bryant, The Virginian-Pilot