If you have been convicted of a sexually motivated crime in Texas, you could be required to register as a sex offender. These types of crimes include, but are not limited to, sexual assault, prostitution, indecency with a child, possession of child pornography, prohibited sexual conduct, and more.
If you are required by Texas law to register as a sex offender, the length of time registration will be required depends on the type of sex crime for which you were convicted. In 2013, a new law amended Chapter 62 of the Texas Code of Criminal Procedure to create a possible deregistration exemption for certain sex offenses. To meet the deregistration requirements, an offender must:
- Be a first-time sex offender convicted of a non-aggravated offense;
- Have been registered as a sex offender for a minimum of 10 years;
- Have been convicted of an offense that requires a longer registration period under state law than federal law;
- Have been convicted of either of these four offenses: indecency with a child, promotion and distribution of child pornography, sexual performance of a child and compelling prostitution of a child under 17;
- Have not been convicted of more than one sexual offense;
- Have successfully completed sex offender treatment; and
- Do not pose a significant threat of re-offending.
Texas has put a rigorous process in place for sex offender deregistration, and it is recommended that you consult with a criminal defense attorney to help guide you through this process. This process starts with submitting a written request to the Texas Council on Sex Offender Treatment and including court documents, criminal background check and proof you have completed sex offender treatment.
Upon approval of request, you must then submit to an assessment by a sex offender deregistration specialist, who will determine whether or not you pose a risk of re-offending. If you pass that assessment, you will then need to petition the court for an early termination of your sex offender registration requirements. Judges are given wide discretion in granting these applications.
The Cogdell Law Firm is a full service criminal litigation and appellate law firm. We provide client-focused representation at all stages of the process, whether our clients are seeking to avoid charges, have been charged, or are seeking reversal of a conviction on appeal. When results matter most, contact Dan Cogdell at (713) 426-2244 or [email protected]
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