Under Texas and federal law, people who have been convicted of certain sexual offenses are required register as sex offenders. The fact that one is registered as a sex offender is publicly available information. For obvious reasons, this label substantially impacts many aspects of one’s life. Aside from the personal stigma associated with registration, opportunities for employment and housing may also be limited or completely foreclosed because the information is discoverable on routine background checks. Registration requirements can last for a lifetime depending upon the offense. The ongoing obligations can be onerous and failure to comply, even if inadvertent, can result in additional serious criminal charges. In some instances, however, Texas law permits registered persons to seek early termination of their registration obligations. Our Austin criminal defense attorney handles sex offender deregistration cases. If you need assistance with this process, contact our office to speak with a lawyer.
Attorney assisting Austin residents to deregister as sex offenders
Texas law establishes a process by which certain eligible sexual offenders may request an early termination of their registration obligations. To determine whether or not one is eligible, one must first identify the underlying offense giving rise to the registration requirement. Residents with a single reportable, non-aggravated offense may be able to seek deregistration. Multiple convictions or convictions related to violent sexual crimes will not qualify. The offense must have been a Texas offense versus an out-of-state or federal crime. Secondly, the registration period for the underlying crime under Texas law must be longer than the registration period applicable to the same offense under federal law. For example, if Texas requires a lifetime registration obligation and federal law only requires a ten-year registration period for the equivalent crime, this satisfies the second eligibility requirement. A person meeting both elements of the eligibility requirements may seek to deregister.
Eligible persons must apply for and undergo an assessment by a Licensed Deregistration Specialist. Applicants must gather a variety of information, including current background check results and court documentation, to provide to the assessor. The Council of Sex Offender Treatment is responsible for setting the guidelines for deregistration and the methodologies used by the specialists in conducting the assessments. The purpose of the evaluation is to review the offender’s criminal history and attempt to predict whether the person poses a risk of committing a future sex crime. After the assessment is complete, the offender must prepare and file a Motion for Deregistration with the trial court that presided over the offense giving rise to the registration requirement. The Motion will include the assessor’s written report and additional information that may be relevant to decision, such as the completion of treatment programs, lack of other criminal charges, and information about the defendant’s life and goals.
It is important to understand that not everyone will successfully deregister. Even if a person meets the eligibility requirements outlined above, the judge retains full discretion to grant or deny a deregistration request. It is, therefore, imperative to prepare in advance for one’s assessment and provide as much information as possible to the judge in the Motion for Deregistration. An experienced criminal defense attorney can help you throughout this process. Your attorney can review your case to determine whether you are eligible to deregister. They will help gather the necessary information in preparation for your assessment. In addition, because most judges are not overly familiar with the deregistration process, your lawyer must clearly and effectively communicate the relevant information about Texas laws and your personal situation to the court.
Dan Dworin is an Austin lawyer who handles deregistration for sex offenders. Dan is certified by the Texas Board of Legal Specialization in criminal law and has been practicing for over 25 years. Dan will review your case history and assist you with the deregistration process every step of the way. He understands the potential benefits that deregistration can provide to his clients and will use his experience and expertise to explore all possible avenues to achieve a positive result. Contact our office today.
Austin lawyer providing quality service to sex offenders seeking to deregister
Dan treats every client with the respect they deserve. He understands the sensitive nature of these types of matters and treats his clients with dignity. Dan believes that everyone is entitled to vigorous legal representation. He values customer service and prides himself on responding to phone calls and inquiries in a timely manner to answer his clients’ questions and concerns. We bring this level of attorney-client communication to every case we handle. Our office is ready to assist you.
In addition to Austin, our lawyer also serves the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.