In many ways, getting placed on the sex offender registry is the worse punishment a person can face. Unlike jail time, which is temporary, being placed on the registry can cause serious and permanent problems. Because the registry is public, anyone can find out that you are a convicted sex offender. They can also find other details, like your address.
Fortunately, it is possible to deregister if you meet certain requirements. Contact a Houston criminal defense attorney at The Law Offices of Tad Nelson & Associates if you would like to learn more.
Qualifying for Deregistration
Not everyone can petition to have their name removed. However, you might qualify if you meet the following criteria:
- You are a first-time sex offender
- Your offense is eligible for deregistration (typically only non-aggravated offenses)
- You have been registered for a sufficient length of time, which depends on the offense
- You completed sex offender treatment successfully
You must satisfy all conditions. For example, if you have two offenses, you can’t request deregistration. Contact a Houston sex crimes lawyer to review whether this is an option for you.
The process of getting your name removed is difficult. We think Texas made it that way on purpose.
For example, you will need certain documents, such as an order of conviction, charging instrument, and current criminal history background checks. Your attorney can gather these for you.
You also cannot be deregistered until you go through a deregistration evaluation with a Registration Specialist. Essentially, they will assess whether you are at risk of reoffending. You will have to pay for this evaluation.
If the Specialist deems you are not a risk, you can then submit a Motion for Early Termination to the court which sentenced you in the first place for the sex offense. The judge might order a hearing where you can present other evidence to convince the judge to grant the Order Granting Early Termination.
How a Lawyer Helps
In addition to analyzing whether you are eligible in the first place, we can also prepare you for your deregistration evaluation. If necessary, we will also represent you in court before the judge. Judges don’t automatically grant every request, and some judges need quite a bit of convincing. We can gather evidence that might help allay any concerns the judge has.
Other Ways to Deregister
It is also possible for someone with a conviction for Indecency with a Child or Sexual Assault to get exempted from registration if they were not more than 4 years older than their victim, who was at least 15, and the conviction stemmed simply from the ages of those involved. In other words, you can’t have a conviction for using force or kidnapping them. You can have only one reportable conviction.
Contact Tad Nelson for Help with Deregistration
We wish the process were simpler and that more people had their privacy restored. Still, any path off the registration list is welcome, no matter how narrow. For more information about your options, contact us to schedule a time to meet.