Texas Code of Criminal Procedure - Article 62.353. Motion, Hearing, And Order Concerning Person Already Registered

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Art. 62.353. MOTION, HEARING, AND ORDER CONCERNING PERSON 
ALREADY REGISTERED.  (a) A person who has registered as a sex 
offender for an adjudication of delinquent conduct, regardless of 
when the delinquent conduct or the adjudication for the conduct 
occurred, may file a motion in the adjudicating juvenile court for a 
hearing seeking:
	(1)  exemption from registration under this chapter as 
provided by Article 62.351;  or
	(2)  an order under Article 62.352(b)(2) that the 
registration become nonpublic.
	(b)  The person may file a motion under Subsection (a) in the 
original juvenile case regardless of whether the person, at the 
time of filing the motion, is 18 years of age or older.  Notice of 
the motion shall be provided to the prosecuting attorney.  A hearing 
on the motion shall be provided as in other cases under this 
subchapter.
	(c)  Only one subsequent motion may be filed under Subsection 
(a) if a previous motion under this article has been filed 
concerning the case.
	(d)  To the extent feasible, the motion under Subsection (a) 
shall identify those public and private agencies and organizations, 
including public or private institutions of higher education, that 
possess sex offender registration information about the case.
	(e)  The juvenile court, after a hearing, may:                                 
	(1)  deny a motion filed under Subsection (a);                                 
	(2)  grant a motion described by Subsection (a)(1);  or                        
	(3)  grant a motion described by Subsection (a)(2).                            
	(f)  If the court grants a motion filed under Subsection (a), 
the clerk of the court shall by certified mail, return receipt 
requested, send a copy of the order to the department, to each local 
law enforcement authority that the person has proved to the 
juvenile court has registration information about the person, and 
to each public or private agency or organization that the person has 
proved to the juvenile court has information about the person that 
is currently available to the public with or without payment of a 
fee.  The clerk of the court shall by certified mail, return receipt 
requested, send a copy of the order to any other agency or 
organization designated by the person.  The person shall identify 
the agency or organization and its address and pay a fee of $20 to 
the court for each agency or organization the person designates.
	(g)  In addition to disseminating the order under Subsection 
(f), at the request of the person, the clerk of the court shall by 
certified mail, return receipt requested, send a copy of the order 
to each public or private agency or organization that at any time 
following the initial dissemination of the order under Subsection 
(f) gains possession of sex offender registration information 
pertaining to that person, if the agency or organization did not 
otherwise receive a copy of the order under Subsection (f).
	(h)  An order under Subsection (f) must require the recipient 
to conform its records to the court's order either by deleting the 
sex offender registration information or changing its status to 
nonpublic, as applicable.  A public or private institution of 
higher education may not be required to delete the sex offender 
registration information under this subsection.
	(i)  A private agency or organization that possesses sex 
offender registration information the agency or organization 
obtained from a state, county, or local governmental entity is 
required to conform the agency's or organization's records to the 
court's order on or before the 30th day after the date of the entry 
of the order.  Unless the agency or organization is a public or 
private institution of higher education, failure to comply in that 
period automatically bars the agency or organization from obtaining 
sex offender registration information from any state, county, or 
local governmental entity in this state in the future.

Added by Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, eff. Sept. 1, 
2005.     

Last modified: August 10, 2007