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My husband was convicted of TX:36010001 Indecency w/child Sexual Contact in 1999 and he is finally supposed to get off of the

Seagoville, TX |

registry as of January but when he went to go and register for the last time the sheriff said that it could take years to get it completely off of his record. You will have to excuse my ignorance on this subject but he had a deferred sentence and it was supposed to come completely off of his record after he served his time on the registry which was 10 years. He was convicted of messing around with a girl in a game of spin the bottle with friends. Now it has prevented him from getting jobs and we are ready to finally put this lunacy in our past but it appears that he still has to fight for it to be off. Can we sue for them to take it off? Can we do it ourselves? I am a fulltime social work student and we have 2 small children so our means are limited but we need to know what our options are

I read that we may need to file for an expunction order. Can you provide some insight? Specifically what we need to do where. Thanks so much! I look forward to hearing from you soon. Edit- Okay it was deferred adjudication when he was 15. It was only ten years that he was supposed to have to stay on it in fact even on the Tx DPS website it says it expired the 24th of January of 2011. But when he went to talk with the sherriff he said that it might take years to get it off the website. How can that be right? He served his time. And if you do a criminal background check nothing comes up. You have to specifically look at the website. Oh, and It was without contact I believe. Thanks again!

Attorney Answers 2


This is a complicated question. Section 62.101 Subsection C describes the expiration of a duty to register. As you can see from the link below, when the duty expires is very fact intensive.

There are two versions of Indecency with a Child. If the offense involved a 'contact' there is a high probability that the registration is for life. BUT, that depends on which part of Chapter 21 was your husband on probation for exactly.

I think it is absolutely worth seeking the advice of an attorney. Many will give you some time to discuss your concerns and whether or not you can retain their services.

Good luck.

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Your husband will never be able to get this case off his record. Having gotten deferred, he is not eligible for an expunction nor for a petition of non-disclosure because of the type of case. The deferred will remain on his record permanently; the only "good" thing is that it is not a conviction.

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