When must the state remove information of a sex offender after the duty to register expires?
Full Question:
Answer:
According to Texas statute the Department of Public Safety which is the agency who monitors and runs the sex offender registration program must remove the individual's information from the sex offender registry upon expiration of the duty to register.
Art. 62.251 CODE CRIM. P. Removing Registration Information When Duty
to Register Expires
(a) When a person is no longer required to register as a sex offender
under this chapter, the department shall remove all information about the
person from the sex offender registry.
(b) The duty to remove information under Subsection (a) arises if:
(1) the department has received notice from a local law enforcement
authority under Subsection (c) or (d) that the person is no longer
required to register or will no longer be required to renew registration
and the department verifies the correctness of that information;
(2) the court having jurisdiction over the case for which registration
is required requests removal and the department determines that the duty
to register has expired; or
(3) the person or the person's representative requests removal and the
department determines that the duty to register has expired.
(c) When a person required to register under this chapter appears
before a local law enforcement authority to renew or modify registration
information, the authority shall determine whether the duty to register
has expired. If the authority determines that the duty to register has
expired, the authority shall remove all information about the person from
the sex offender registry and notify the department that the person's
duty to register has expired.
(d) When a person required to register under this chapter appears
before a local law enforcement authority to renew registration
information, the authority shall determine whether the renewal is the
final annual renewal of registration required by law. If the authority
determines that the person's duty to register will expire before the next
annual renewal is scheduled, the authority shall automatically remove all
information about the person from the sex offender registry on expiration
of the duty to register and notify the department that the information
about the person has been removed from the registry.
(e) When the department has removed information under Subsection (a),
the department shall notify all local law enforcement authorities that
have provided registration information to the department about the person
of the removal. A local law enforcement authority that receives notice
from the department under this subsection shall remove all registration
information about the person from its registry.
(f) When the department has removed information under Subsection (a),
the department shall notify all public and private agencies or
organizations to which it has provided registration information about the
person of the removal. On receiving notice, the public or private agency
or organization shall remove all registration information about the
person from any registry the agency or organization maintains that is
accessible to the public with or without charge.
Added by Acts 2003, 78th Leg., ch. 283, § 37, eff. Sept. 1, 2003.
Redesignated from Vernon's Ann.C.C.P. art. 62.14 and amended by Acts
2005, 79th Leg., ch. 1008, § 1.01, eff. Sept. 1, 2005.
The Department is obligated to maintain a database of the sex offender information and its website contains the information in that database. According to the statute below, the informatio is supposed to be updated annually.
Art. 62.005 CODE CRIM. P. Central Database; Public Information
(a) The department shall maintain a computerized central database
containing the information required for registration under this
chapter. The department may include in the computerized central database the
numeric risk level assigned to a person under this chapter.
(b) The information contained in the database, including the numeric
risk level assigned to a person under this chapter, is public
information, with the exception of any information:
(1) regarding the person's social security number, driver's license
number, or telephone number;
(2) that is required by the department under Article 62.051(c)(7); or
(3) that would identify the victim of the offense for which the person
is subject to registration.
(c) Notwithstanding Chapter 730, Transportation Code, the department
shall maintain in the database, and shall post on any department website
related to the database, any photograph of the person that is available
through the process for obtaining or renewing a personal identification
certificate or driver's license under Section 521.103 or 521.272,
Transportation Code. The department shall update the photograph in the
database and on the website annually or as the photograph otherwise
becomes available through the renewal process for the certificate or
license.