Sex Offender Deregistration
If you have to register as a sex offender, you probably have dealt with hardships like job insecurity, community ostracization, housing difficulties, and harassment of yourself and your family. There is good news: you might be eligible for deregistration! The Law Office of Scott Smith can assess your eligibility and work with you to successfully navigate the complex deregistration process.
Most persons who are convicted of any offense involving a “sex crime” will be required to register as a sex offender in Texas, even those whose offenses involved relatively minor crimes, consensual sex, or no sexual contact at all with any person. Many of these people completed years of court ordered sex offense counseling and are considered by experts to not pose any substantial risk to anyone. Unfortunately, many of these people have suffered substantial negative consequences from sex offense registration, including exclusion from employment, residency restrictions harassment, threats and social ostracization. Until recently, sex offender deregistration was not possible for anyone.
Fortunately, Sex Offender Deregistration is now available for some of these people.
Sex Offender Deregistration Legislation
In 2005, Texas lawmakers passed House Bill 867 which was designed to improve the rules for sex offender registration in many ways. See Article 62.401, Texas Code of Criminal Procedure. Those changes included a new procedure for certain sex offenders to request early termination of their requirement to register as a Texas sex offender if they are determined not to present a continuing threat to society. This would allow law enforcement authorities and the state to focus their resources on offenders who threaten public safety and would serve the interests of justice for offenders who are not a threat to re-offend.
In 2011, Senate Bill 198 and House Bill 227 were passed and enacted as the “Romeo and Juliet Bill.” See article 62.301, Texas Code of Criminal Procedure. Like Article 62.401, this statute allows certain offenders to be removed from the Texas sex offender registry. It provides for a more streamlined path to deregistration, but applies only to a much smaller group of offenders.
The process for Early Termination of Sex Offender Registration in Texas requires strict adherence to statutory requirements enacted by the legislature as well as stringent rules adopted by the Texas Council on Sex Offender Treatment. This four-step process is designed to allow only a limited number of people to deregister.
Seeking Experienced Counsel
Sex offender deregistration can be a long and difficult process, but it is worth it for many people. Because the process is hard and the stakes are high, you need an attorney who knows what he is doing and can fight for you effectively. Scott C. Smith is one of few attorneys in Texas who has significant experience guiding people through deregistration. If you are interested in deregistration, contact the Law Office of Scott C. Smith.
The Texas Sex Offender Deregistration Process
You have to go through several steps in order to be approved to stop registering as a sex offender. First, you have to figure out if you are eligible. Then, you have to apply for a risk evaluation by a professional. Next, you need to go to a specialist for the evaluation. After that, you have to file a petition for deregistration. Finally, after a hearing, the judge determines whether you can stop registering or not. For more information on each step, keep reading!
Step One – Figure Out If You Are Eligible
The first step to deregistration is making sure that you meet the basic legal requirements. To start, you can only have one offense that requires registration. Additionally, the Texas Department of Public Safety must list say people convicted of that offense can deregister (see the DPS Tiered Offense Chart) . Finally, the particular facts of your case can sometimes affect your eligibility. For more information, see Frequently Asked Questions – “How can I know if I am eligible to deregister as a sex offender in Texas?”
Step Two – Apply for a Deregistration Evaluation
If you meet the requirements in the first step, you can move forward in the process! The next step is applying for a deregistration evaluation. We’ll send a request for evaluation to the Texas Council on Sex Offender Treatment. In addition to the request, we’ll include documentation from your case, background checks, and proof that you successfully completed sex offender treatment. CSOT will then decide whether to approve you for an evaluation or not. For more information, see CSOT’s sex offender eligibility checklist.
Step Three – Get Evaluated by a Specialist
If CSOT approves your application, the next step is to meet with a licensed sex offender deregistration specialist. In the meeting, the specialist will use several different tools to measure how likely it is that you will re-offend. After that, they will put together a report with their findings. As long as the specialist says you are unlikely to re-offend, you can start on the next step.
Step Four – Submit a Petition for Deregistration
Once the specialist says you are unlikely to re-offend, the final step is to ask the court in which you were sentenced if you can stop registering. To best make your case, we will help you prepare a formal petition with supportive documents. With the right information and good representation, you have the best chance to make the hearing a success. The final part of the process may be one of the most difficult because each judge is different and has lots of discretion in deciding whether to allow you to stop registering.
Not only can this process be intimidating. but it also requires specialized knowledge. Fortunately, Mr. Smith has years of professional experience with the ins and outs of the deregistration process. Going through the deregistration process takes time, but is worth it for many of our clients. Contact the Law Office of Scott C. Smith if you are interested in a consultation.
Deregistration Services
Provided by the Law Office of Scott C. Smith
The Law Office of Scott C. Smith represents individuals who hope to deregister as sex offenders under Texas law. If you are interested in the sex offender deregistration procedure, contact us at 512-474-6484.
As an expert familiar with the Texas CSOT’s rules and the process of deregistration, Scott C. Smith is also available to assist attorneys throughout the state of Texas who would like assistance in designing strategies to negotiate resolutions of sex crime cases which eliminate or lighten the burdens of sex offender registration. Click here if you are an attorney and would like information about Sex Offender Deregistration.
For more information about the topic of Sex Offender Deregistration visit the Blog at Sex-Offender-Deregistration.com