You’ve heard people talk about deregistration, but what is it exactly? Deregistration is the process by which certain eligible registrants may be able to have themselves removed from the State Offender Registry and no longer be required to register.
NOTE: This page is informational in nature only, and none of its contents is to be construed as legal advice. If you require legal advice, then you will need to consult an attorney.
1. Convictions
- Only people who have been convicted by a court in Texas of a sexual offense may be considered for deregistration. If you were convicted in a different state, or you were convicted in Federal court, then you are not eligible.
- You must have only one reportable conviction or adjudication. If you have more than one reportable conviction or adjudication, then you are not eligible.
- If your order of conviction contains two or more separate counts, then you are not eligible.
2. Time spent on the registry
- Generally, you must have been registered for 10 years and your registration period under Texas law must exceed federal requirements under the Adam Walsh Child Protection and Safety Act of 2006.
- If you have a 10 year duty to register and you have not served any portion of your registration time on parole or probation, then you may be INELIGIBLE for early deregistration since you will serve your entire statutory time before automatic deregistration.
- If you have a 10 year duty to register and you have served any portion of your registration on parole or probation, then you may be ELIGIBLE for early deregistration as the law simply states that you must serve 10 years on the registry.
- If you are uncertain of your eligibility, then you should consult an attorney who specializes in this area of the law.
3. Eligible offenses
- Your conviction must consist only of a non-violent offense. Some examples include, certain cases of child sexual abuse material, indecent exposure, or online solicitation of a minor.
- This document (pdf) lists offenses that are eligible or ineligible for deregistration. If your offense is highlighted in green, then you may be able to deregister.
4. Rehabilitation
- You must have successfully completed a Sex Offender Treatment Program.
5. Risk level
- You must pose no significant threat to re-offend.
1. Check your eligibility and fill out Form 3246, Eligibility Determination Application for Early Termination of a Person’s Obligation to Register. You will need the following items:
- The required fee (currently $50.00)
- The order of conviction or order deferring adjudication
- Charging instrument (indictment or information)
2. Certain offenses will require additional documentation.
- Official documentation such as a court document, an offense report, or probable cause affidavit, indicating the victim’s age in years at the time of the offense, only if the conviction was for either of the following offenses:
- Continuous Sexual Abuse of Young Child or Disabled Individual, or
- Indecency with a Child by Contact
- Official documentation, such as a court document, an offense report, or a probable cause affidavit, indicating the offense was not more than four years older than the victim, only if the conviction was for Sexual Assault and the offense involved consensual conduct and the offender was not more than four years older than the victim.
3. Current, certified criminal history background conducted by both DPS and the Federal Bureau of Investigation:
- Texas Department of Public Safety Fingerprinting Services
- Federal Bureau of Investigation Identity History Summary Checks
4. Your fee payment must be in the form of either a cashier’s check or a money order in the amount of $50.00. Make it payable to “Texas Council on Sex Offender Treatment.” This fee will cover the cost of the administrative review of your file and your deregistration request.
5. Finally, you need to include a copy of the order discharging you from community supervision, if you were on parole or probation.
6. Mail your request, the documentation, and the fee to:
CSOT, P.O. Box 149347
Mail Code 1982
Austin, Texas 78714-9347
Your packet will be reviewed by CSOT; if they determine that you may proceed with early deregistration, they will provide you with information on how to obtain a deregistration evaluation (at your expense) from an approved deregistration specialist.
