In Texas, certain individuals may be able to ask the court for deregistration from the public sex offender registry. If approved, you no longer have to report to law enforcement, and your personal information will no longer appear in the state’s online registry.
To qualify, you must meet strict legal requirements and follow several steps, which include:
- getting clearance from the Council on Sex Offender Treatment,
- undergoing a detailed risk evaluation,
- and filing a petition with the sentencing court to end registration duties early.
The process is not quick. It can take several months, and there are usually costs involved for applications, assessments, and legal help from an experienced Texas sex crime defense attorney.
Who Qualifies For Sex Offender De-Registration In Texas?
Not everyone is eligible for deregistration in Texas, and the rules are strict. To start, you cannot have more than one conviction or adjudication that requires registration. A second offense makes you ineligible. Next, the offense itself must appear on the eligibility list maintained by the Texas Department of Public Safety, which is reviewed and updated over time.
One of the key requirements is that your registration term under Texas law must be longer than what federal law requires. This difference is what allows deregistration to be requested.
Your case must also come from a Texas state court. Convictions from federal court, military courts, or other states cannot be handled in Texas and must be addressed where the conviction happened.
Since DPS can revise its lists, an offense that did not qualify before may be eligible now. For this reason, speaking with a lawyer who handles deregistration is the best way to know your current options.
How Does The Texas De-Registration Process Work?
The deregistration process in Texas moves through four set steps that involve both the Council on Sex Offender Treatment and the courts. Each step depends on the last, so being organized and thorough matters if you want a real chance at success.
From start to finish, the process usually runs three to six months. You first confirm that you qualify, then get approval from the Council, complete a detailed risk evaluation, and finally ask the court to end your registration duties early.
Step 1: Confirm Eligibility on the DPS Chart
Your first step is checking the Department of Public Safety’s chart of offenses. The chart uses green to mark offenses that can qualify and red to mark those that cannot. Each offense is matched to a federal tier—Tier I, II, or III—which sets the minimum time required under federal law. To move forward, your offense has to fall into a tier where Texas requires more years than the federal system.
Step 2: Submit Form 3246 and Required Documents
After confirming eligibility, you must prepare a full application packet for the Council on Sex Offender Treatment. The packet should be accurate and contain:
- Form 3246: The official checklist that starts the process
- Certified court paperwork: Judgment, sentence, and any probation or parole orders
- Criminal history records: From DPS and the FBI
- Additional proof when required: Such as ages at the time of specific offenses, like indecency with a Child
A $50 non-refundable fee must be included. Once received, the Council reviews your packet and decides if you can proceed to the evaluation stage.
Step 3: Complete the Risk Evaluation
If the Council approves your application, the next step is an evaluation with a licensed deregistration specialist. This typically takes three to four hours and involves an in-depth interview along with psychological testing. The evaluation examines your offense, your conduct since then, and your risk level.
Honesty matters throughout this process. Downplaying or denying your offense can weaken your case. Acknowledging responsibility and showing evidence of rehabilitation makes a favorable outcome more likely.
Step 4: Ask the Court to End Registration
After the evaluation, the specialist sends a written report back to the Council for approval. With the stamped report, you file a petition in the same court where you were sentenced. The judge then decides whether to grant early termination. Some judges hold hearings while others decide on the paperwork alone.
At this point, having an experienced criminal defense attorney who specializes in sex offenses often makes the difference in putting forward the strongest case possible.
What Changes After De-Registration And What Does Not
Getting off the registry does not erase the conviction. It mainly lifts the public label and reporting duties, but your record is still there. People sometimes expect more, so it’s important to be clear on what actually changes.
What Changes:
- Your name, photo, and address are taken down from the state’s online database.
- You no longer have to show up at the police station to confirm or update your info.
- The housing rules tied to the registry, like living too close to a school, no longer apply.
- Jobs and housing can be easier to find without the stigma of being searchable online.
What Stays the Same:
- The conviction itself remains and shows up on background checks.
- Police and federal databases still keep your file and DNA.
- Certain jobs, especially those with kids or vulnerable groups, are still off-limits.
- If you are on probation or parole, those obligations don’t change.
Deregistration is not the same as expunction or nondisclosure. Those are separate legal tools that can seal or destroy records.
What Are The Expected Costs And Timelines In Texas?
Starting the deregistration process is not free. There are a few standard costs that come up in every case, and it helps to know them in advance so you aren’t caught off guard. People also want to know how long the process takes, since it’s not something that happens overnight.
Main Costs You’ll Likely Face:
- CSOT application fee: a $50 non-refundable payment that goes in with your first paperwork
- Risk evaluation: usually between $800 and $2,500, paid straight to the specialist who runs the testing
- Attorney fees: depends on the county, the lawyer, and how involved the case turns out to be
- Court filings and records: you’ll pay for certified copies and filing costs along the way
The evaluation tends to be the biggest single cost. Some evaluators set a flat rate, while others bill by the hour. Prices shift depending on where you are, so it’s worth checking around in your area before moving forward.
Typical Timeline Progression:
- CSOT application review: usually takes about 2 to 4 weeks once everything is turned in
- Evaluation scheduling: another 2 to 3 weeks, mainly depending on how busy the evaluator is
- Evaluation and report: normally wrapped up 1 to 2 weeks after the appointment itself
- Court petition through final order: anywhere from 1 to 3 months, mostly tied to the court’s calendar
Some counties move faster than others. Having a lawyer who knows the system can help avoid delays, since small paperwork errors often cause setbacks. We give clients a more accurate timeline after looking at their county and court.
Why Hire Scheiner DWI & Criminal Defense Lawyers For De-Registration?
The deregistration process in Texas combines criminal law with administrative rules, and mistakes can derail progress. Our team at Scheiner DWI & Criminal Defense Lawyers has handled many sex offense cases across Houston and throughout the state.
Attorney Grant Scheiner holds Board Certification in Criminal Law from the Texas Board of Legal Specialization, a credential earned only through proven trial work, continuing education, and peer recognition. That background sets us apart when taking on complex deregistration matters.
Our Comprehensive Approach Includes:
- Careful eligibility review: We check your case against the DPS charts and federal SORNA rules to see where you stand
- Detailed packet preparation: We make sure every form and record is correct so the court doesn’t send it back
- Focused evaluation prep: We walk you through what the evaluator looks for and how to show your progress
- Strong petition drafting: We put together arguments that fit your judge and court, not just a one-size-fits-all approach
Because we’ve handled many trials, we know how prosecutors frame objections and what issues judges usually press in these cases. That knowledge shapes how we present each petition and anticipate problems before they come up.
We also keep these matters private and treat every client with respect. The legal result is important, but so is protecting your dignity while moving through this process.
Ready To Pursue De-Registration With Experienced Counsel?
Looking into whether you can end your registration duties in Texas is a solid first step. The next step is finding out if the law actually allows it in your circumstances, and that requires clear legal guidance.
When you meet with us, we start by going through your records, checking eligibility, and laying out what the process looks like from start to finish. We give you an honest picture of the timeline and your chances. Our firm handles these matters in Houston, Harris County, and nearby courts, and we bring the attention this process requires.
Privacy is critical in these cases. We offer flexible appointment times to fit around your schedule and keep everything strictly confidential.
Call us today at (713) 783-8998 to set up a confidential consultation or contact us online and take the next step toward getting off the registry.
Frequently Asked Questions
Can I Get Deregistered If My Conviction Came From Federal Court?
No. Texas courts don’t have authority over federal convictions. If your conviction was in federal court, you’d need to seek relief through the federal system where the case was handled. A Texas judge cannot end federal registration duties.
Does A Deferred Adjudication Count As My One Qualifying Conviction?
Yes. In Texas, a deferred adjudication for a reportable offense is treated the same as a conviction for registration purposes. That means it counts as your “one offense” when determining eligibility for deregistration.
What Happens If I Move Out Of Texas Before My Registration Period Ends?
You’ll have to follow the registration laws in your new state. But Texas requirements usually remain in place until your original period runs out. Moving doesn’t automatically cancel your Texas duties.
Do I Need A Lawyer To File For Deregistration?
It’s not required, but it helps. The process has detailed steps, firm deadlines, and technical rules. Having a lawyer can make a big difference in preparing documents and presenting your case to the court.
Can I Reapply If My Deregistration Petition Gets Denied?
Yes. Most people can try again, either after fixing what the court pointed out or showing more proof of rehabilitation. The waiting period and rules for reapplying depend on the judge and the reason it was denied.
Will Deregistration Help Me Get A Better Job?
It can help. If you’re removed from the public registry, your name won’t show up in common online searches many employers use. But your conviction may still appear on detailed background checks that some employers request.
How Long After Completing My Sentence Can I Apply For Deregistration?
There isn’t a set waiting time. You can apply as soon as you meet all the legal requirements, including having only one reportable offense and making sure your charge is on the list of eligible offenses.