Sex offenders in Texas may deregister, allowing them to legally remove themselves from the sex offender registry in Texas. The laws of Texas require an individual convicted of a specific list of sex crimes to register as a sex offender.
In addition, the Texas legislature has a procedure for registered persons to remove their names from the sex offender registry. In addition, Article The sex offender registry in Texas is similar to other registries available in other states and the national sex offender registry. A defendant convicted of a sex crime in Texas, such as sexual assault, indecency with a child, or child pornography, may be mandated to register as a sex offender as part of his or her sentence.
Depending on the specific crime he or she was convicted of, it may be necessary to remain on the registry from approximately 10 years to life. The Texas sex offender registry is available to the public. Information about the offender is provided by the Texas Youth Commission, Texas Department of Criminal Justice, and other regional, city, or county criminal justice agencies. This fact alone may mean difficulty getting a job or keeping a job or finding a place to live. Neighbors may harass you.
In some situations, the community might prevent you from renting a home or apartment. Members of your own family might exclude you, the registered sex offender, from their lives. Realize that the law protects children and adults from future sex crime victimization. People required to register as a sex offender in Texas are deemed a potential risk to others. The loss of personal privacy is less important than the protection of the public under Texas law.
However, the state realized that subjecting the offender to a life of having his or her identity disclosed on the sex offender registry is unjust in some cases: Many sex offenders are required to complete years of court-mandated sex offense counseling. Employment, residential problems, threats, harassment, and social ostracism are just some of the problems the registered offender faces over time.
Family members, including children of the offender, and friends also face cumulative negative effects of offender listed on the Texas sex offender registry.
Today, it is possible for some registered sex offenders to deregister. Deregistration removes the registrant from the public registry open sex offender registry database. The offender committed the offense in Texas. The offender must file a motion requesting an early termination of his or her requirement to register as per Texas Code of Criminal Procedure Chapter Violent crimes will not qualify for deregistration.
To qualify for deregistration, the offender typically committed one of the following crimes in Texas: The offender must be registered in Texas for a longer period than the federal law demands. He or she successfully completed required probation, parole, or supervised release periods.
If revocation occurred, he or she is disqualified for deregistration. Each potential deregistration case is unique. In that event, he or she may deregister from the state sex offender registry. Special cases, such as those involving burglary of a habitation with intent to commit sexual assault , aggravated kidnapping, prohibited sexual conduct, or continuous sexual abuse of a child may qualify for deregistration in some instances. An experienced Texas criminal defense attorney can help defendants to navigate the Texas criminal justice system: He or she should include assessments from professional treaters with the application as well as 1 current criminal history background check state and federal , 2 court order describing the original conviction or deferred adjudication, and 3 victim s age at the time of the original offense if a minor individual was involved.
Professional assessment documentation should include statement s from a licensed sex offender treatment provider under contract to CSOT to provide necessary deregistration evaluation analysis. After CSOT approves the application, the offender files a formal motion with a criminal court judge. The motion must be accompanied by 1 a report concerning the conviction or adjudication [Art. The judge of the court decides the request. The judge has discretion under Texas law concerning whether the request is granted.
Consult an experienced criminal defense attorney.