Houston Sex Crimes Lawyer

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Deregistration as a Sex Offender

Anyone who has dealt with the ordeal of having the harsh restrictions of sex offender registration knows what a difference deregistration can make in a person’s life. Some people who are required to register as sex offenders eventually become eligible to de-register, or have their names removed from the sex offender registry. The application process can be challenging and full of red tape and subtle distinctions that can have huge effects on the applicant’s outcome. For this reason, it is important to have an experienced attorney who is familiar with the process.

Eligible people are those who have only one conviction or deferred adjudication handed down from a Texas court that requires registration. However, not all convictions are eligible under this statute. Because the federal government also has a sex offender registration statute, the Texas government is restricted to allow deregistration only where Texas requires lengthier registration periods than the federal government. Here is a list of eligible offenses:

  • Human trafficking;
  • Continuous sexual abuse of child/children;
  • Indecency with a child under certain circumstances;
  • “Statutory rape” sexual assault and aggravated sexual assault where either the “sexual assault” or the “aggravated” enhancement is because of the victim’s age only and not because of a finding of force or undue influence;
  • Prohibited sexual conduct and the victim is 16 years of age or older;
  • Burglary of a habitation with intent to commit the offense of “indecency with a child” or “continuous sexual assault of child/children;
  • Compelling prostitution of a person under 18 years old;
  • Obscenity;
  • Sexual performance by a child;
  • Possessing or promoting child pornography;
  • Unlawful restraint where the accused was the parent or guardian of the victim and the victim was younger than 17 years old;
  • Kidnapping where the accused was the parent or guardian of the victim and the victim was younger than 17 years old;
  • Aggravated kidnapping where the accused was the parent or guardian of the victim and the victim was younger than 17 years old; and
  • An attempt, conspiracy, solicitation, or solicitation of a minor to commit any of the following:
    • Unlawful restraint where the accused was the parent or guardian of the victim and the victim was younger than 17 years old;
    • Kidnapping where the accused was the parent or guardian of the victim and the victim was younger than 17 years old;
    • Aggravated kidnapping where the accused was the parent or guardian of the victim and the victim was younger than 17 years old;
    • Continuous sexual abuse of young child/children;
    • Indecency with a child under certain circumstances;
    • “Statutory rape” sexual assault and aggravated sexual assault where either the “sexual assault” or the “aggravated” enhancement is because of the victim’s age only and not because of a finding of force or undue influence;
    • Prohibited sexual conduct in which the victim’s consent would have been valid if the victim had been an adult; and
    • Sexual performance by a child in which the victim’s consent would have been valid if the victim had been an adult.

A person who is eligible is then required to submit a packet to the Council on Sex Offender Treatment (a subdivision of the Texas Department of State Health Services). The purpose of the packet is two-fold. First, the packet must include all of the documentation of the person’s basic eligibility, such as the order of conviction/deferred adjudication, two current (state and federal) background checks, etc. Second, the packet should show that the applicant has taken steps to reform himself and that the applicant is “deserving” of deregistration.

At the very least, a packet should provide documentation of any sex offender treatment, as well as documentation demonstrating the successful completion of probation or parole if applicable. However, a strong packet will also provide documentation to show that the applicant is a positive force in his community (but within the restraints of his registration requirements). It helps to have an experienced attorney to help you make the best possible case for deregistration. Call Paul Darrow to help you get back the rest of your freedom by fighting for your deregistration as a sex offender.