Court Orders Texas DPS to Fix Registry Tier Chart, Opening Deregistration Route

Smith thanked Texas Voices and other contributors for backing the litigation. Further updates are expected as DPS responds.

The record speaks for itself.

By LeRoy Nellis — Austin, Texas

In a ruling handed down October 7, 2026, Judge Thomas ordered the Texas Department of Public Safety to verify and correct its tiered offense chart for the state sex offender registry. The decision stems from a long-running lawsuit and could make deregistration possible for thousands.

According to attorney Scott Smith, DPS erred roughly a decade ago in how it classified certain offenses against the federal SORNA baseline Texas law requires. The correction centers on single sexual assault of a child where the victim was 13 or older. Once the chart is fixed, those registrants should become eligible for approved deregistration applications.

Smith puts the number at up to 20,000 people who could petition to end registration. DPS has six months to propose corrections and twelve months to adopt them, targeting roughly September 2027. Smith plans to seek sanctions if deadlines are missed. Other chart errors may also be corrected, potentially helping additional registrants.

How Early Termination Works

Texas allows early termination of registration—deregistration—only in narrow cases, under Articles 62.401 through 62.408 of the Code of Criminal Procedure. The process begins with an administrative review by the Council on Sex Offender Treatment.

Qualifying requires a single Texas reportable conviction or adjudication, no subsequent reportable offenses, and no out-of-state or federal convictions. The offense must also be listed among crimes for which Texas mandates a longer registration period than SORNA requires. The October 2026 order ensures single sexual assault of a child cases with victims 13 or older are properly included.

The applicant submits Form 3246 to CSOT with a $50 fee, the conviction or deferred adjudication order, the charging instrument, certified fingerprint-based criminal histories from DPS and the FBI, and offense-specific documentation such as proof of the victim's age. After CSOT eligibility, the applicant pays for a risk assessment from a Council-approved specialist, often costing several thousand dollars.

A favorable report supports a motion for early termination filed in the original trial court, including a written explanation and certified report. The court may hold a hearing and consider public safety. If granted, DPS removes the person from the public registry, but the conviction stands.

Next Steps

The process is unavailable for the affected group until DPS adopts the corrected chart. Those who think their case qualifies should monitor the April 2027 proposal deadline and October 2027 adoption deadline, and consult an experienced Texas deregistration attorney before incurring costs.

Smith thanked Texas Voices and other contributors for backing the litigation. Further updates are expected as DPS responds.

Based on public statements from Attorney Scott Smith and official requirements from the Texas Council on Sex Offender Treatment and the Texas Code of Criminal Procedure. Informational only; not legal advice.