Juvenile Sex Offender Deregistration
Sex offender registration can be devastating for a juvenile offender. Like registration for adult offenders, juvenile sex offender registration requires the offender to register personal information, including physical address, type of conviction, and details of personal appearance, with the Texas government.
Generally, a juvenile offender is required to register these intrusive details annually for ten years or more depending on the conviction. However, in 2011 the Texas Legislature created a legal exemption to registration for certain juvenile sex offenders. Commonly referred to as the “Romeo and Juliet Law”, Texas Code of Criminal Procedure Article 62.301 exempts certain juvenile offenders from the registration requirement upon approval by the court.
Juvenile sex offender registration is available in limited circumstances and requires the offender to petition the court and prove why he or she should be exempted from the registration requirement. Proving eligibility to the court is a complex process and should not be tackled alone. It is highly recommended to consult an attorney who focuses on juvenile sex offender defense.
Dallas Juvenile Sex Offender Deregistration Lawyer
If you or your minor child has been convicted or adjudicated for a sexual offense, it is recommended to consult an experienced sex offender defense attorney to see if juvenile sex offender deregistration is a viable option.
Attorney Paul Stuckle of Stuckle & Associates PLLC has over 25 years of experience defending clients charged with serious sexually motivated offenses. He has extensive knowledge of the legal requirements and the overall process necessary for an offender to deregister or be exempt for the sex offender registration requirement.
Stuckle & Associates PLLC proudly represents clients throughout the Dallas area, including Fort Worth, Garland, Arlington, and Plano. Contact Stuckle & Associates PLLC at (972) 423-4405 or complete an online message to schedule a free, confidential review of your case.
Texas Juvenile Sex Offender Deregistration Overview
- What is sex offender registration?
- What are the benefits to deregistration?
- Can all juvenile offenders deregister?
- What is the process of deregistration?
- Where can I learn more about juvenile sex offender deregistration?
Sex offender registration is a requirement for offenders of certain sexual motivated offenses to provide local law enforcement with personal details regarding his or her current address, risk level, and type of offense convicted or adjudicated. This information is available to the general public.
The sex offender registry may provide the following information to the public about the offender:
- Color photo
- Full name
- Sex or gender
- Hair color
- Eye color
- Shoe size
- Shoe width
- Date of Birth
- Reported address
- Type of Offense
- Risk level
The state of Texas compiles this information into a statewide registry. It is the responsibility of each individual offender to register. Offenders convicted of an offense, which requires registration, out of state (or a substantially similar offense) must register with local law enforcement upon establishing a residence in Texas.
Sex offender registration has several collateral consequences in addition to the annual registration requirements. Remember, the sex offender registry is available to the general public, which means any person, including neighbors, employers, friends, and family may access this information.
As a result, sex offender registration can have devastating, long term consequences, including difficulty finding housing, employment, and isolation from the community. Deregistration will result in removal of personal information from the sex offender registry. Deregistration is the first step to putting this horrible experience in the past and moving on to living productive lives.
Juvenile sex offender deregistration under Texas Code of Criminal Procedure Article 62.301 is available to a small group of juvenile offenders.
For example, if the offender was convicted of indecency with a child only, it is possible he or she may qualify for deregistration. However, if the offender was of indecency with a child and online solicitation of a minor, he or she will not be eligible for deregistration.
Second, the court must have made an affirmative finding or judgment that the offender was no more than four years older than the victim and the victim was at least fifteen years at the time of the offense. It is also required that the conviction was made solely on the ages of the offender and the victim.
Essentially, a juvenile offender may be eligible to deregister if convicted or adjudicated of the following offenses:
- Indecency with a child
- Sexual performance of a child
- Online solicitation of a minor
- Compelling prostitution where the victim is under seventeen years of age
- Indecent exposure
The aforementioned list is not exhaustive. An experienced juvenile sex offender deregistration attorney should be consulted to evaluate an individual case. During a consultation, the attorney will be able to determine whether deregistration is a viable option based on the unique circumstances of the case.
Deregistration is not automatically granted to eligible offenders. The offender must petition the appropriate court. Upon receipt of all required documentation, including proof the offender committed an eligible offense and the offender has undergone a risk assessment, the court may schedule a hearing to determine whether deregistration is appropriate.
During the hearing, the offender must prove by a preponderance of the evidence that:
- He or she is not a threat to society
- Deregistration is in the best interest of the victim; and
- Deregistration is in the best interest of justice
The court may consider the following during the hearing:
- Testimony of the victim or intended victim;
- Testimony of the offender
- Evidence regarding the relationship between the victim and offender
- Relevant and admissible evidence
Texas Code of Criminal Procedure Article 62.301- Read the full text of the Texas law that authorizes juvenile sex offender deregistration.
Texas Public Sex Offender Registry- Access the Texas Public Sex Offender Registry. This page provides in depth information on each registered sex offender in Texas.
Stuckle & Associates PLLC Dallas Juvenile Sex Offender Deregistration Lawyer
Juvenile sex offender deregistration is a complex process. It is imperative to consult a skilled and dedicated juvenile sex offender deregistration attorney to assist in this process. Deregistration could have life changing results. Do not go at this alone or trust an amateur with such an important process.
Paul Stuckle of Stuckle & Associates PLLC has extensive experience in juvenile sex offender defense and deregistration. He works aggressively to defend clients throughout Texas, including Dallas, Fort Worth, Garland, Arlington, and Plano. He also serves the major cities surrounding the Greater Dallas area, including San Antonio, Austin, and Houston. Contact Stuckle & Associates PLLC today at (972) 423-4405 to schedule a free, confidential consultation.