somanypets,

You said, "My husband had the lifetime registration rule imposed on him three years AFTER he began serving a ten year probation sentence."

Your post is a little confusing, but I think you are saying this-----When he began his probation, he was assigned a certain, fixed duration of time to register as a sex offender, then three years later, he was re-assigned a longer duration period of lifetime registration.

This occurred often when the individual state either adopted SORNA or they established tier levels which mandated the offender to serve a longer time on the register than before the law was changed---before the establishment of the SORNA tier levels.

Since the registry is not considered punitive, but only a civil regulatory scheme to protect the public, they can legally pass registration requirements and make them retroactive. Any regulation civil in nature can be applied retroactively.

There are a lot of cases in which a registrant begin his registration with a 10 year requirement to register, but it was increased to lifetime when the lawmakers changed the law.

In a handful of states, most notably Oklahoma, Ohio, and Maryland; the government has not been allowed to apply the enhanced requirements to the registration process retroactively. In those states the Supreme Court of that particular state ruled that parts of the registration process could not be applied retroactively because the increased requirements made part of the registration process punitive in nature.

But yes, in most instances the state can increase the registration requirements and make them retroactive.

rewdaizepam

somanypets

There is a deregistration process in Texas but it is fairly limited at this point. It is also very expensive and the judge in whatever county he was charged in will have the last say even if the Sex offender council and his eval supports being able to deregister. I can give you some info if you need it.

Regards
buildingupslow

Thank you. Yes, I know the attorney is expensive but would sure love to get any information you can send me. He was convicted in Travis County.

somanypets, I will send you a PM with the info, Give me a couple of days,


Regards
buildingupslow

Hello, I am also interested in the Travis County information for my partner. In November of this year he will be halfway through his 8 year probation and we were interested in getting some facts. The judge had asked him to see him at the halfway mark and if all is clean and good that he would consider eliminating probation and maybe even not register. He's a Tier 1 in Texas and in Louisiana he's a Tier 3 (He moved to Louisiana.)
Thank you so much for any insight.
LivinginLA

LivinginLA, I will PM you some info.



Regards

buildingupslow