Removal from Registry Is Possible for Some Texas Sex Offenders

Being listed on the sex offender registry can have profound and lasting consequences on an individual’s life, affecting everything from employment opportunities to personal relationships. Depending on the circumstances, Texans may have the opportunity to petition for removal from the sex offender registry. Understanding the process and requirements for removal is essential for those seeking to clear their names and move forward with their lives.

It is estimated that approximately 25 percent of the individuals currently named in the registry might be able to obtain a removal because they satisfy the following criteria:

• Completed sentence — A person convicted of a qualifying sex offense remains on the registry at least until the entirety of their sentence is fulfilled. This includes any period of incarceration, probation or parole.
• Compliance with registration requirements — The individual must have complied with all registration requirements mandated by law. For example, someone who failed to report to law enforcement or update their contact information will not be considered for early deregistration.  
• Absence of subsequent sex offenses — People convicted of additional sex crimes or certain other criminal offenses during the registration period lose their ability to petition for this relief. 
• Waiting period — Depending on the nature of the offense, there may be a waiting period before an individual becomes eligible to be released from the sex offender registry. This waiting period can range from a few years to several decades.

To be removed from the sex offender registry in Texas, individuals must typically file a petition with the court in the county where they were convicted of the sex offense. The petition must include relevant documentation and evidence supporting the individual’s request for removal, such as proof of completion of sentence and compliance with registration requirements.

Once the petition for removal is filed, a hearing may be scheduled before a judge to review the request. During the hearing, the judge will consider various factors, including the nature and severity of the offense, the individual’s rehabilitation efforts and any objections from law enforcement or prosecutors. If the judge grants the petition for removal, the individual will be removed from the sex offender registry, and their information will no longer be publicly accessible. However, you should know that removal from the registry does not necessarily expunge or seal the underlying criminal conviction.

Being removed from the sex offender registry can represent a significant milestone for individuals seeking to rebuild their lives and move forward from past mistakes. From the moment you are charged with a sex crime, the actions you take could affect you for years to come. Retaining a skillful attorney is critical to help you avoid an unjust conviction or an excessive charge that keeps you on the sex offender registry longer than you should be. At Kevin L. Collins, P.C. in San Antonio, you will have a Board-certified Texas criminal law attorney to protect your fundamental rights. Please call 210-598-8629 or contact us online for a consultation.