The deregistration, or removal from the official registry, of convicted sex offenders is a complex and challenging issue in law enforcement today. Certain key revisions to the sex offender registry requirements hold out new hope for former sex offenders convicted of certain categories (tiers) of offenses.
For these individuals, new legislation may provide a way to apply for deregistration to lift the harsh penalties and restrictions intended to monitor individuals convicted of more serious sex offenses. In this post, learn more about this new legislation, what it may mean for certain former sex offenders in the state of Texas and how to apply for deregistration from the sex offender list.
New Texas Legislation
Two key pieces of Texas legislation are now revising the traditional process for convicted sex offenders, which required lifetime registration in the public, searchable sex offender database.
The first piece of legislation was passed in 2005. It was called House Bill 867, and it provided for some former offenders to be able to request deregistration after undergoing a review process to ensure they were no longer a threat to the community. The purpose of this bill was to free up law enforcement to focus on more serious cases where there was an ongoing threat.
The second piece of legislation were passed in 2011. These twin bills, nicknamed “Romeo and Juliet,” were Senate Bill 198 and House Bill 227. They provided for a very small group of minor former offenders whose review process showed they posed no further threat to be removed from the sex offender registry.
What is important to note about this recent legislation is that it only applies to certain narrow categories of sex offenses that are considered minor and rehabilitate by their nature. As well, every applicant must undergo a review process before being permitted the chance to deregister.
How Deregistration Works in Texas
There are four major steps in the deregistration process as follows:
Step 1: Verify the applicant has no more than one offense and that the offense is eligible for early termination of registration requirements.
Step 2: Apply in writing for deregistration. Include all pertinent court case paperwork as required and an official eligibility checklist from the Texas Council on Sex Offender Treatment. Include also any successful discharge from community service, parole, rehabilitation counseling and/or time served.
Step 3: Undergo an evaluation conducted by a professional approved to serve as a sex offender deregistration specialist. Threat level will be assessed during this stage of the application process.
Step 4: Submit a petition to the court for early termination of sex offender registry requirements. Here, the individual judge will be able to use their sole discretion in reviewing the facts of the case and the application materials when deciding whether to grant the applicant’s deregistration request.
How Long Does Deregistration Take?
The length of time from start to finish will depend entirely on the details of the case and the strength of the applicant’s rehabilitative history. Working with an experienced, reputable attorney familiar with the sex offender reregistration process can also greatly assist in streamlining the application and approval process.
Here, it is also critical to be aware that certain types of offenses simply are not eligible for deregistration, even if only one offense was committed. Violent sex offenders, for instance, are not currently eligible to apply for deregistration.
However, one-time former offenders convicted of online solicitation of a minor (an individual aged 17 or under), child pornography, indecent exposure or indecency to a child (an individual aged 13 to 17) may be eligible for deregistration if all other qualifications and requirements are able to be met.
With the most recent legislative changes that affect convicted former sex offenders, it becomes possible for some offenders to re-enter society as functional, contributing and non-threatening community members.
While this opportunity will only apply to a relative small percentage of convicted sex offenders, for these individuals, it can represent a second chance in life. By no longer having to publicly register as a convicted sex offender, such individuals may find better employment, accommodations and opportunities to make a new life for themselves.
