Texas DPS Registry Tier Chart Correction Could Open Deregistration for Thousands

Smith credited Texas Voices and other contributors for funding the litigation. More updates are expected as DPS responds.

The record speaks for itself.

By LeRoy Nellis — Austin, Texas

Thousands of Texans currently listed on the state sex offender registry may soon gain a path off it. A court order issued October 7, 2026, by Judge Thomas requires the Texas Department of Public Safety to audit and correct its tiered offense classification chart.

Attorney Scott Smith, who brought the case, says DPS misclassified certain offenses nearly a decade ago when comparing them to federal SORNA standards. The fix targets single sexual assault of a child cases where the victim was 13 or older at the time of the offense.

Smith estimates up to 20,000 registrants could become eligible to petition for termination of their duty to register. DPS must propose corrections within six months and adopt the revised rule within twelve months, putting the effective date around September 2027 if the agency complies. Noncompliance, Smith says, will trigger a request for sanctions.

The Deregistration Process in Texas

Under Articles 62.401–62.408 of the Texas Code of Criminal Procedure, early termination of registration—deregistration—starts with an administrative review by the Council on Sex Offender Treatment. Eligibility is narrow: one Texas reportable conviction or adjudication, no subsequent reportable offenses, and no out-of-state or federal convictions. The offense must also be on DPS's list of crimes carrying a longer Texas registration period than the federal SORNA minimum.

Applicants file Form 3246 with CSOT plus a $50 fee, conviction or deferred adjudication order, charging instrument, certified fingerprint-based criminal histories from DPS and the FBI, and offense-specific proof such as the victim's age. CSOT eligibility then requires a Council-approved risk assessment at the applicant's cost, typically several thousand dollars.

The applicant then files a motion for early termination in the original sentencing court, including a written explanation and the certified risk-assessment report. The court may hold a hearing and weigh public safety. A granted motion orders DPS to remove the person from the public registry, though the conviction itself is not expunged.

What Happens Next

Until DPS adopts the corrected chart, the affected group cannot use the process. Those who believe their case fits the single-offense, victim-13-or-older category should watch the April 2027 proposal deadline and October 2027 adoption deadline, and consult a Texas deregistration attorney before spending money on evaluations.

Smith credited Texas Voices and other contributors for funding the litigation. More updates are expected as DPS responds.

This article is 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. It is informational only and not legal advice.