Sex Offender Deregistration in Texas

 In Criminal
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How to Deregister as a Sex Offender

Deregistration from the sex offender registry is possible in Texas under certain circumstances. We previously discussed all the offenses which require a person to register as a sex offender. This article will cover the deregistration process and how to move for early termination of the registration requirement.

Who Is Eligible for Sex Offender Deregistration?

STEP ONE: Was there only one case?

First, the individual seeking deregistration must have only ONE reportable conviction or adjudication for a sexual offense. If the person seeking deregistration has more than one reportable conviction or adjudication for a sexual offense, then they are not eligible for deregistration. Also, a Texas court must have imposed the reportable conviction or adjudication for a sexual offense.

STEP TWO: Does the minimum registration in Texas exceed the minimum registration under federal law?

If you have ONE reportable conviction or adjudication for a sexual, then you must now determine whether your minimum registration period (under Texas Penal Code) EXCEEDS the minimum registration period under the federal law. The federal law on point here is the Federal Adam Walsh Act (42 U.S.C. Section 16911 et seq.).

The following is a list of offenses where minimum registration periods for sexual offenses that require registration under Texas law EXCEEDS the minimum registration period under the Federal Adam Walsh Act.[/cs_text][x_accordion][x_accordion_item title=”Min. Reg. Exceeds Fed.” open=”false”]

Penal CodeOffense
20.02Unlawful restraint with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim
20.02Unlawful restraint with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim
20.04Aggravated kidnapping with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim
20A.02(a)(3)Trafficking of persons
20A.02(a)(4)Trafficking of persons
20A.02(a)(7)Trafficking of persons
20A.02(a)(8)Trafficking of persons
21.08Indecent exposure second violation, but not if the second violation results in deferred adjudication
21.11(a)(1)Indecency with a child by contact & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
21.11(a)(1)Indecency with a child by contact where the victim has attained the age of 13 years but not the age of 16 years and (i) the touching did not involve the victimÕs genitals; (ii) the touching involved the victim's genitals but was done through the clothing; or (iii) the touching was not done (a) by force, (b) by threatening or placing the victim in fear that any person will be subject to death, serious bodily injury or kidnapping, (c) by rendering the victim unconscious, (d) by administering a drug, intoxicant or other similar substance to the victim, (e) by threatening or placing the victim in fear, (f) with a victim that is incapable of appraising the nature of the conduct, and (e) with a victim that is incapable of declining participation or communicating unwillingness to participate
21.11(a)(2)Indecency with a child by exposure & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
20.02Unlawful restraint with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim
22.021Aggravated sexual assault, offense is solely based on the victim's age & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
25.02Prohibited sexual conduct
25.02Prohibited sexual conduct & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
25.02Prohibited sexual conduct & the victim is 16 years of age or older but less than 18 years of age.
30.02(d)Burglary of a habitation committed or engaged in with the intent to commit 21.11(a)(2)
30.02(d)Burglary of a habitation committed or engaged in with the intent to commit 21.11(a)(1) & the victim is at least 13 years of age.
43.05(a)(2)Compelling prostitution of a person younger than 18 years of age.
43.23(h)Obscenity
43.25Sexual performance by a child
43.25Sexual performance by a child & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
43.26(a)Possessing or promoting child pornography.
43.26(e)Possessing or promoting child pornography.
21.02Continuous sexual abuse of young child or children.
30.02(d)Burglary of a habitation committed or engaged in with the intent to commit 21.02.
[/x_accordion_item][/x_accordion][cs_text]Also, offenses that have a minimum registration period Texas law that EXCEEDS a minimum registration period under federal law, are an attempt, conspiracy, solicitation, or solicitation of minor to commit any of the following:[/cs_text][x_accordion][x_accordion_item title=”Attempt, Conspiracy, or Solicitation” open=”false”]
Penal CodeOffnese
20.02Unlawful restraint with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim.
20.03Kidnapping with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim.
20.04Aggravated kidnapping with an Art. 42.015 affirmative finding that the victim was younger than 17 years of age & the offender is the parent or guardian of the victim.
21.11(a)(1)Indecency with a child by contact & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C).
21.11(a)(2)Indecency with a child by exposure & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C).
22.011Sexual assault, offense is solely based on the victimÕs age & involved consensual conducted as defined by 42 U.S.C. ¤ 16911(5)(C).
22.021Aggravated sexual assault, offense is solely based on the victim's age & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C).
25.02Prohibited sexual conduct & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
43.25Sexual performance by a child & involved consensual conducted as defined by 42 U.S.C. 16911(5)(C)
[/x_accordion_item][/x_accordion][cs_text]If you have ONE reportable conviction or adjudication of a sexual offense and the minimum registration period under Texas law exceed the minimum registration period under federal law, then you may be eligible for deregistration.

STEP THREE: Hire an Attorney.

If the answers to Step One and Step Two were “yes” you should consider hiring an attorney to assist you with the deregistration process.

Hiring an Attorney

There are two steps your attorney will take in the deregistration process. You will need to hire an attorney for each step of the process.

Step One: First an attorney can help confirm your qualifications with the Council on Sex Offender Treatment for sex offender deregistration. This requires an evaluation of your criminal history, preparing and submitting materials regarding the likelihood of reoffending and lack of danger to the community.

Step Two: If you qualify for deregistration, you may hire your attorney for the second phase of deregistration. The second step includes the preparation and filing of a formal petition with the court for deregistration. The motion is filed in the trial court that originally sentenced the individual.

This motion will set forth a written explanation of how the reportable conviction or adjudication giving rise to the movant’s registration under Chapter 62 of the Code of Criminal Procedure qualifies as a reportable conviction or adjudication that appears on the list above. The person must have ONE reportable conviction or adjudication of a sexual offense, which has a minimum registration period that EXCEEDS the minimum registration period required under federal law. The motion must also include a certified copy of a deregistration evaluation report.

If the court approves the motion for early termination (deregistration), our office will send the signed court order to the Texas Department of State Health Services for deregistration to be processed. An attorney cannot guarantee that this process will be successful, but can assist you by guiding you through the process and review your criminal history to see if you may be eligible.

If you would like our attorneys to review your criminal history to see if you may be eligible to apply to deregistration, the cost is $500 plus the cost of any criminal background checks. If you have already determined you might be eligible for deregistration, you may hire us to assist you with the deregistration process. Deregistration for Texas residents begins at $2,500. If you are ready to hire one of our attorneys, contact us at (817) 203-2220, or contact us online:

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