Texas Court Orders DPS to Correct Sex Offender Registry Tier Chart, Potentially Opening Deregistration Path for Thousands

Austin, Texas – November 2026 – A long-running lawsuit against the Texas Department of Public Safety has produced a significant court order that could allow thousands of people on the state's sex offender registry to petition for removal. Attorney Scott Smith announced that on October 7, 2026, Judge Thomas directed DPS to review the accuracy of its tiered offense chart, propose any necessary corrections within six months, and adopt the revised rule within twelve months of the order.

The order addresses what Smith described as a mistake DPS made nearly a decade ago in how certain offenses are classified under the federal Sex Offender Registration and Notification Act (SORNA) comparison required by Texas law. Once a corrected chart is adopted, individuals whose registration stems from a single sexual assault of a child in which the child was 13 or older at the time of the offense are expected to become eligible to have deregistration applications approved.

Smith estimated that the change could open the door for as many as 20,000 people currently on the Texas Sex Offender Registry to petition courts to terminate their duty to register. He also anticipates that DPS will correct additional errors on the chart that may benefit other registrants. If DPS complies with the timeline, the revised rule is expected to take effect around September 2027. Should the agency fail to meet the court's deadlines, Smith indicated he will ask the court to impose sanctions.

How Deregistration Works Under Texas Law

Early termination of the duty to register—commonly called deregistration—is governed by Articles 62.401 through 62.408 of the Texas Code of Criminal Procedure. The process is available only in limited circumstances and begins with an administrative review by the Council on Sex Offender Treatment (CSOT).

To qualify, a person must have only one reportable conviction or adjudication from a Texas court. Multiple counts, subsequent reportable offenses, or out-of-state and federal convictions disqualify an applicant. The offense must also appear on the DPS list of crimes for which Texas requires a longer registration period than the federal SORNA minimum. The October 2026 court order is aimed at ensuring that single sexual assault of a child cases involving victims age 13 or older are properly listed in that category.

Applicants start by submitting Form 3246 (Eligibility Determination Application for Early Termination of a Person's Obligation to Register) to CSOT along with a $50 fee, the order of conviction or deferred adjudication, the charging instrument, certified fingerprint-based criminal histories from both DPS and the FBI, and any additional documentation required for the specific offense (such as proof of the victim's age). If CSOT determines the person is eligible to proceed, the applicant must then obtain an individual risk assessment from a Council-approved deregistration specialist at the applicant's own expense. These evaluations typically cost several thousand dollars.

With a favorable risk-assessment report in hand, the person files a motion for early termination in the original trial court that imposed the sentence. The motion must include a written explanation of how the offense qualifies under the DPS list and a certified copy of the risk-assessment report. The court may hold a hearing and will consider whether deregistration is contrary to the best interests of public safety. If the motion is granted, DPS is ordered to remove the person from the public registry. The underlying conviction itself is not expunged.

Current Limitations and Next Steps

The process remains unavailable for the affected group until DPS adopts the corrected tier chart. Individuals who believe their case matches the single-offense, victim-age-13-or-older category are advised to monitor the agency's compliance with the April 2027 proposal deadline and the October 2027 adoption deadline, and to consult an attorney experienced in Texas deregistration matters before gathering documents or incurring evaluation costs.

Smith credited Texas Voices and other financial contributors for supporting the litigation, which he said has required substantial time and resources. Further updates are expected as DPS responds to the court's order.

This article is based on public statements from Attorney Scott Smith and the official requirements published by the Texas Council on Sex Offender Treatment and the Texas Code of Criminal Procedure. It is for informational purposes only and does not constitute legal advice.