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Posted on February 12, 2014 by Law Office of Brett A Podolsky
Sex offender registration in Texas can now be terminated early in some cases, thanks to House Bill 867. This law allows those who have been convicted of certain sex crimes to “deregister” in order to be fairer to those who may pose no danger to the general public.
In order to qualify for deregistration, your conviction must meet certain requirements. One of the biggest requirements is that the crime must have required a longer registration period under state law than what is mandated by federal law. A few of the crimes that could fall into this category include:
- Indecency with a child by exposure
- Compelling prostitution of a minor
- Possession of child pornography
- Burglary of a habitation with intent to commit
Personal Sex Offender Stipulations
Not only must the crime meet certain criteria, but the individual who wishes to deregister must as well. Some of the stipulations you must meet can include:
- Not having been convicted of subsequent sex crimes
- Having been convicted of only one sex crime in the past
- Completion of sex offender treatment
Sex Offender Deregistration Process
Although Texas law now allows for deregistration, the process is by no means simple. There are several steps involved, and a petition can be denied during any one of them. If you would like to petition the court for deregistration, be advised that the process can be lengthy and time-consuming.
The first step involves submitting a written petition to the Texas Council on Sex Offender Treatment. This petition should contain documentation that you have completed the required sex offender treatment. After receiving your petition, the council will review it and determine whether or not it meets the minimum requirements for deregistration.
Next, a sex offender deregistration specialist will review your petition and then make a determination as to whether or not you pose a threat to society. If he or she agrees, your case will then be heard before a judge, who will make the final determination as to whether or not deregistration will be granted.
Only One Chance for Deregistration
You only get one shot at deregistration approval, which means it is important to put forth your very best effort when petitioning the courts. This means that it may be in your best interest to hire an attorney to assist you with filing the petition. You stand to gain a great deal by being able to deregister, which is why having someone who is knowledgeable with the court system assist you can be a worthwhile endeavor. Get a hold of Brett A. Podolsky today by calling 713.227.0087.