Legal Question in Criminal Law in Texas

wrongful sex offender registration

My fiance was released on mandatory supervision in

99.As a condition of his release he was made to

register as a sex offender.He has never been

convicted of a sex offense.Six years ago when he

was in high school he was charged with rape after

his underage girlfriend got pregnant,at the preliminary hearing it was decided by all concerned

that the evidence did not warrant such a severe charge

It was reduced to simple battery and was given two years probation.The county attorneys and the sheriff

that arrested him have all written letters on his behalf to the Texas parole board saying the charge

was reduced so he would not have to register as a sex offender for his conviction.We would like to inquire on what rights we have and what we can do.Thank you for your time.


Asked on 6/26/00, 12:45 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: wrongful sex offender registration

Some authorities require registration when the offense is sex-based. Assault and battery as a lesser included charge of rape is a sex based charge.

Consult a private attorney in your area familiar with the sex offender registration laws. There may be the possibility of judicial review of the classification, and it is worth pursuing as this record will remain with him for the rest of his life and undoubtedly cause him grief in the future.

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Answered on 9/05/00, 8:47 am


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