Deregistration

During the 79th Regular Session of the Texas Legislature, House Bill 867 was passed and it added Subchapter I, Articles 62.401 to 62.408 to the Texas Code of Criminal Procedure.  This created the potential for the deregistration of some sex offenders, or removal of some sex offenders from the public registry.  You may think you know who the legislature was helping when they passed this law and you are probably right – partially right. Those individuals who are removed from the registry will benefit.

collateral victim

If you think that individuals removed from the registry are the only ones who will be better off, you are wrong.  Scientific research shows that due to the public registry, up to two thirds of family, friends, and loved ones of those on the registry suffer harassment, verbal abuse, and in some cases physical assault. These collateral victims will benefit when their loved ones are removed from the registry.

Here is the biggest surprise of all regarding who will benefit: the entire community will benefit. There are many low risk offenders on the public registry who will probably never re-offend. These low risk offenders are mixed in with high risk offenders; and, consequently, it is easy to lose focus on the high risk offenders. The deregistration process will ensure that only high risk offenders remain on the registry – the ones you may want to watch.

It is important to know what deregistration IS NOT.  If an individual is removed from the registry…

  • It does not remove the individual from nonpublic law enforcement registries.
  • It does not remove DNA from law enforcement registry
  • Deregistration cannot  be used to appeal or expunge a sex offense
  • Deregistration does not affect probation or parole status –even if someone is allowed to deregister, the person must complete his or her term of supervision.
  • Sex offense will still be part of the individual’s criminal record, so the sex offense shows up when he or she applies for jobs.
  • Deregistered individuals will still be ineligible for jobs with children.
  • Deregistration is not publicly funded. If an individual wants to deregister, the individual must pay for his or her own deregistration.
  • An individual can apply for deregistration but it is still up to the court to approve deregistration.

 

If this is the first time you have heard of deregistration, it might sound a little confusing. You need to keep in mind that the Texas Legislature created deregistration and they would not do anything to harm you or endanger public safety.   If you take the time to read the information contained on this website, you may come to see that deregistration helps you, it improves public safety, and protects collateral victims.