Texas Code of Criminal Procedure 62.301 – Exemption From Registration for Certain Young Adult Sex Offenders
(a) If eligible under Subsection (b) or (c), a person required to register under this chapter may petition the court having jurisdiction over the case for an order exempting the person from registration under this chapter at any time on or after the date of the person’s sentencing or the date the person is placed on deferred adjudication community supervision, as applicable.
(b) A person is eligible to petition the court as described by Subsection (a) if:
(1) the person is required to register only as a result of a single reportable conviction or adjudication, other than an adjudication of delinquent conduct; and
(2) the court has entered in the appropriate judgment or has filed with the appropriate papers a statement of an affirmative finding described by Article 42.017 or 42A.105(c).
Terms Used In Texas Code of Criminal Procedure 62.301
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) A defendant who before September 1, 2011, is convicted of or placed on deferred adjudication community supervision for an offense under § 21.11 or 22.011, Penal Code, is eligible to petition the court as described by Subsection (a). The court may consider the petition only if the petition states and the court finds that the defendant would have been entitled to the entry of an affirmative finding under Article 42.017 or 42A.105(c), as appropriate, had the conviction or placement on deferred adjudication community supervision occurred after September 1, 2011.
(c-1) At a hearing on the petition described by Subsection (a), the court may consider:
(1) testimony from the victim or intended victim, or a member of the victim’s or intended victim’s family, concerning the requested exemption;
(2) the relationship between the victim or intended victim and the petitioner at the time of the hearing; and
(3) any other evidence that the court determines is relevant and admissible.
(d) After a hearing on the petition described by Subsection (a), the court may issue an order exempting the person from registration under this chapter if it appears by a preponderance of the evidence that:
(1) the exemption does not threaten public safety;
(2) the person’s conduct did not occur without the consent of the victim or intended victim as described by § 22.011(b), Penal Code;
(3) the exemption is in the best interest of the victim or intended victim; and
(4) the exemption is in the best interest of justice.
(e) An order exempting the person from registration under this chapter does not expire, but the court shall withdraw the order if after the order is issued the person receives a reportable conviction or adjudication under this chapter.