People do terrible things. Things that they are not ever proud of. And they do the right thing by accepting their crime, going to jail and paying for their mistakes and becoming better. When they have done the jail time or done community service and taken education and counseling, their life does not need to be limited to that only mistake. Let’s see how they can make a fresh start.
Why should people be allowed to deregister as sex offenders?
After showing considerable improvement, an offender need not be kept on the police watch list to see if he is doing anything wrong. They should be given a chance since they are not considered to be a threat to the society. They have to meet a specific criterion for this to happen.
Texas has a law, passed in 2005, named the House Bill 265. The law says that the state can provide a chance to sex offenders in the form of an early deregistration chance provided they meet the criteria. You would need to hire an attorney to make your case a strong and plausible one for this to happen.
What is the eligibility for an application to deregister?
In the state of Texas, if you are found guilty of a sex crime, you are listed with them as a sex offender even after your release. This is something that stays on record always unless you apply for deregistration. That comes with a specific criterion requires
- That you have been charged and convicted for sexual assault just once and not multiple times
The state needs a more extended period of registration than federal law for the said offense
- After release, you have taken the necessary or court-mandated treatment regarding counseling, education or community service.
Offences that qualify under Texas State laws for deregistration
Depending upon the assault, the state laws mandate a more extended registration period to the sex offender than mentioned in the federal regulations. House bill 867 evens this out in an attempt to be fair. Some of the offences that require a longer tenure to stay registered are as below
- The illegal trafficking of adults and children
- An aggravated kidnapping charges
- Multiple crimes pertaining to sexual abuse of a child
- Sexual assault/aggravated sexual assault/super aggravated sexual assault
- In possession of child pornography
- Inappropriate or compromising contact with a child
- Forbidden (as stated by law) sexual contact
The process of deregistration for a sex offender
Once you have ascertained that you pass the criterion for eligibility for deregistration, you will follow three steps to get there.
- Form filling – Fill in the application form and submit it to the Council on Sex Offender Treatment. This form has many personal details along with a questionnaire that needs completion. You will need to obtain and fill a complete criminal history along with the sentence that you have served already. Also, attach your release documents.
- Evaluation – You can call the Council on Sex Offender treatment for a self-evaluation process. You do not need to be innocent of a crime to get evaluated. The process takes 3-4 hours which includes paperwork and an interview.
- Filing the petition – After clearance by an evaluation specialist that you are fit to deregister you will need to petition in court with an attorney of your choice. You do not mandatorily need an attorney, but it is advisable to have one. Post the hearing; if the court approves your petition, then you send the signed copy by a judge to the DPS. Post completion of this process you will be delisted from the registry and free of any charges on record.
Get all the help you need when it comes to deregistration as a sex offender. It’s time to start your life afresh. Consult one of our lawyers today!