If you or someone you love has been convicted of a sex offender in Massachusetts, one of the first questions you’ll face is: what level will SORB assign — and can you fight it?
The answer to the second question is yes. Here’s what you need to know.
What Is SORB, and What Does It Do?
The Sex Offender Registry Board — SORB — is the Massachusetts state agency responsible for classifying people convicted of sex offenses and maintaining the public registry. After a conviction, SORB independently evaluates each person and assigns them a risk level. That level determines how much of your personal information gets shared with the public, and how. The registry is governed by G.L. c. 6, §§ 178C–178Q.
The Three Levels
Massachusetts uses three classification levels.
Level 1 (Low Risk) means SORB determined you pose a low risk of reoffending. Your registration information goes to law enforcement only. Your name does not appear on any public website, and the general public has no way to look you up.
Level 2 (Moderate Risk) means SORB determined you pose a moderate risk. Your name, home address, work address, physical description, and offense are posted on SORB’s public website — searchable by anyone. You must also register in person at your local police station annually. See G.L. c. 6, §§ 178F, 178F½.
Level 3 (High Risk) means SORB determined you pose a high risk. Your information is posted publicly, and law enforcement may actively notify the surrounding community — neighbors, schools, and others — about your presence.
The gap between Level 1 and Level 2 is significant. A Level 2 classification is publicly visible and can affect where you live, where you work, and how people in your life see you.
How Does SORB Decide??
SORB doesn’t just look at the offense. It evaluates you as an individual. Before classifying anyone at Level 2 or Level 3, SORB is legally required to make three specific findings, each supported by clear and convincing evidence: that you pose a moderate or high risk of reoffending; that you pose a moderate or high degree of danger to the public; and that posting your information publicly actually serves a public safety interest in your specific case. Doe No. 496501 v. Sex Offender Registry Bd., 482 Mass. 643, 644 (2019). All three findings must appear in SORB’s written decision.
Factors that can weigh in your favor include having no prior criminal history, demonstrating genuine acceptance of responsibility, completing treatment, having a stable home and support system, and showing that your circumstances have meaningfully changed since the offense. Under 803 C.M.R. § 1.33, SORB is required to consider both aggravating and mitigating factors — the hearing is not simply a rubber stamp on the preliminary classification.
You Have the Right to Fight Your Classification
SORB’s preliminary classification is not final. You have the right to request a hearing — a formal proceeding where SORB must prove its case against you. At that hearing, SORB carries the burden of proof by clear and convincing evidence, not you. Doe No. 380316 v. Sex Offender Registry Bd., 473 Mass. 297, 298 (2015). You can present evidence, cross-examine witnesses, and argue for a lower classification level.
There is one critical deadline: you must request that hearing within 20 days of receiving SORB’s preliminary classification notice. G.L. c. 6, § 178L(1)(a). Miss that window and you lose the right to challenge the classification entirely. If the hearing result is still unfavorable, you can appeal to the Superior Court under G.L. c. 30A, § 14 and G.L. c. 6, § 178M. If you cannot afford an attorney, you may be entitled to appointed counsel. Noe No. 5340 v. Sex Offender Registry Bd., 480 Mass. 195 (2018).
Why This Matters
A Level 2 classification follows you for years — in most cases, 20 years from conviction or release from supervision, whichever is later. G.L. c. 6, § 178G. It affects job applications, housing, and relationships. Many people accept their preliminary classification without realizing they have the right to challenge it, and that SORB has to prove its case, not the other way around.
Being classified at a higher level than the facts support is not something you have to accept. With the right preparation and legal representation, a hearing is a genuine opportunity to protect your future.
Talk to an Attorney Before That Deadline Passes
If you or a family member has received a notice from SORB, do not wait. The 20-day deadline to request a hearing is strict, and once it passes, your options narrow significantly. At the Law Office of Matthew W. Peterson, with 15 years of combined legal experience, we represent clients facing criminal charges and allegations, SORB classification hearings, and appeals throughout Massachusetts. Contact us today for a confidential consultation.
