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Initial Eligibility Checklist for Deregistration
Early Termination of Certain Persons’ Obligation to Register http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.62.htm#62.401
Step One. Applicant should confirm that he/she has one reportable conviction or adjudication for a sexual offense. If an applicant has more than one reportable conviction or adjudication for a sexual offense, then STOP. The Applicant is ineligible to seek the early termination of his/her obligation to register.
Examples: An applicant’s Order of Conviction or Deferred Adjudication Order recites two or more separate counts for sexual offenses. That person is ineligible.
- Only convictions or deferred adjudications handed down by Texas courts may be considered.
- A Deferred Adjudication Order is treated the same as a conviction pursuant to the Adam Walsh Act or federal law.
IF YOU HAVE ONLY ONE REPORTABLE CONVICTION OR ADJUDICATION, THEN PROCEED TO STEP TWO.
Step Two. An applicant should then go to the Texas Department of Public Safety Public Sex Offender Registration website here: https://records.txdps.state.tx.us/SexOffender/PublicSite/Index.aspx. Near the middle of the page on the DPS website is a link to “Texas Offenses Tiered Under the Federal Adam Walsh Act”. This will take you to the list published by the DPS containing reportable convictions and adjudications, by Texas Penal Code citation, that compare minimum registration requirements in Texas and under the federal law for a given offense.
Step Three. Locate on the DPS list your particular Texas Penal Code citation relating to your reportable conviction or adjudication. The minimum registration period for your reportable conviction must
EXCEED the minimum registration period under the federal law, or Adam Walsh, in order to move on to the next step.
An applicant must also meet any other criteria required on the DPS list, including but not limited to, the age of the victim at the time of the offense, the difference in age between the victim and the offender, and specific fact patterns related to the offense where required.
Key Point: Only Texas convictions can be considered for deregistration purposes under this statute. No out of state convictions or adjudications are eligible even though the prospective applicant lives in Texas.
“If an applicant meets the requirements above, then copies of the following required documents and the fee must be submitted along with the Initial Eligibility Checklist for Deregistration, linked to at the top of this page.
- Order of Conviction/Deferred Adjudication Order;
- If the reportable conviction or adjudication involved a minor, an applicant shall provide a copy of one of the following documents which indicates the age of the victim at the time of the offense:
b. Offense Report
c. Probable Cause Affidavit
- Current Criminal History Background Checks. Conducted by both the Texas Department of Public Safety and the Federal Bureau of Investigation. Click on the respective link and follow the directions provided by each governmental agency.
4. Cashier’s Check or Money Order in the Amount of $50.00 made payable to: “Texas Council on Sex Offender Treatment”. This fee is assessed for the administrative review of
an applicant’s file and/or request to early terminate his/her obligation to register as a sex offender in Texas.
Additional Supporting Documents, but NOT REQUIRED:
- If an applicant has undergone sex offender treatment and has successfully completed his/her treatment program, a letter from the LSOTP confirming the applicant’s successful completion of treatment.
- If an applicant successfully discharged community supervision or parole, a copy of the Order discharging applicant successfully from community supervision or parole.
ALL DOCUMENATION AND FEE SHOULD BE SENT TO:
Texas Department of State Health Services
Professional Licensing and Certification Unit
Council on Sex Offender Treatment
P.O. Box 149347, Mail Code 1982
Austin, Texas 78714
ATTN: CSOT Executive Director
After the complete documentation is reviewed by the Council on Sex Offender Treatment, and IF the applicant is approved as eligible to proceed with the deregistration process, the applicant will be provided information on how and where to have a deregistration evaluation conducted, at the applicant’s expense, by one of the Deregistration Specialists.