Houston Failure to Register Lawyer

When you’re required to register as a sex offender in Texas, even a small misstep can become a felony. The laws are strict, the requirements are complex, and unfortunately, honest mistakes can lead to life-changing consequences.

Charged with Failure to Register as a Sex Offender in Houston? Get Experienced Legal Help

At the Law Offices of Ned Barnett, our Houston sex crime defense attorneys understand how overwhelming the sex offender registration process can be, especially when you’re just trying to rebuild your life. If you’ve been charged with failing to register as a sex offender in Houston, don’t wait. Contact attorney Ned Barnett, a trusted criminal defense lawyer with over 30 years of experience handling sex crimes, including registration violations.

To learn about your legal options, schedule a free, confidential consultation by calling (713) 222-6767 or contact us online.

The Texas Sex Offender Registration Requirements

If you’ve been convicted of certain sex crimes in Texas—or even another state—you must register as a sex offender with local law enforcement. This must happen:

• Within 7 days of your release from prison or jail
• Before moving to a new address
• When visiting a location for more than 7 consecutive days
• When starting school or employment in a new area
• At regular intervals, depending on your conviction

You are also required to report any change to the following within 7 days:

• Home or work address
• Email addresses or online usernames
• Phone numbers
• Vehicle information
• Employment or school enrollment
• Any other identifying details

Failing to comply with these requirements—even accidentally can result in felony charges.

What Does it Mean to Fail to Register?

Texas takes registration very seriously. You will need to register with the local police force after you are released from prison and whenever you move to a new county or city, visit friends or family for more than one week, or go on vacation somewhere for more than one week. Even if you do not move or travel, you will have to check in with your local police at certain intervals.

In most situations, you will need to update your registration each year. However, if you have two more sexual offense convictions, you will report every 90 days. Depending on your convictions, you may need to continue this for 10 years or even the rest of your life.

Common Reasons People Fail to Register

At our firm, we’ve represented individuals who made simple, understandable mistakes—yet still ended up charged with a felony. Here are five of the most common ways it happens:

• Forgetting to Register After Release – After serving time, you’re focused on finding housing and employment. Registration deadlines often get overlooked during this transition.
• Failing to Register After a Move – Texas law requires you to notify law enforcement before moving and again within 7 days of your arrival at the new address.
• Not Updating Changed Information – Life happens—new phone, new car, new job. But if you forget to update your registry profile, you’re technically noncompliant.
• Staying Too Long at Another Address – Staying with a relative or significant other for more than 7 days without reporting it can trigger a violation.
• Missing Your Check-In Date – Depending on your offense, you must check in annually, every 90 days, or even every 30 days. Forgetting or missing an appointment is enough for an arrest warrant.

Example Failure to Register Scenarios

Various situations can lead to charges for failing to register as a sex offender under Texas law. First, it may mean that you did not show up when you were supposed to, including:

• Initially registering as a sex offender in the state,
• Registering when you move to Texas from out of state,
• Registering prior to moving to a new area or traveling within Texas,
• Updating your registration at the required time.

Failing to register also includes registering with incomplete, misleading, or false information. If you show up to register initially or update your information with your supervising law enforcement agency, yet you do not completely and accurately fill out the forms or answer their questions, you will be deemed to have not registered. You could be charged with a crime for withholding seemingly insignificant information like an online username or a side-job you took on.

Out-of-State Convictions: Do You Need to Register in Texas?

If you were convicted of a sex offense in another state or country and now live, work, or attend school in Texas, you may still be required to register.

You must register in Texas if:

• The conviction is considered a reportable offense under Texas law
• You are a resident, worker, or student in the state

The Texas Department of Public Safety evaluates out-of-state convictions to determine whether they meet reporting standards under Texas law. If required, you’ll be subject to the same penalties for failing to register as in-state offenders.

Felony Charges for Failing to Register

Under Article 62.102, if you are required to register and you fail to comply with all of the requirements of doing so, then you can be charged with a felony. The level of the felony will depend on why you were required to register.

• For a crime that required you to register each year for 10 years, you face a state jail felony.
• For a crime that required you to register every year for life, you face a third-degree felony.
• For a crime that required you to register every 90 days for life, you face a second-degree felony.

The charge for failing to register will be increased to the next highest degree of felony if prosecutors can show that you were previously convicted of failing to register, you attempted to not register in the past, or that you used or attempted to use fraudulent identifying information while failing to register or trying to avoid registration.

Penalties for Failing to Register as a Sex Offender in Texas

Failure to register is prosecuted under Article 62.102 of the Texas Code of Criminal Procedure. The penalties vary depending on the offense that originally required you to register:

Other Consequences for Failing to Register

• Lifetime registration extensions
• Immigration issues or deportation
• Loss of child custody or visitation
• Inability to hold professional licenses
• Social and housing restrictions

How Mistakes in the Registration Process Can Lead to Charges

When you are given the opportunity to build a new life for yourself, you should not let a small slip up or inadvertent error take away your freedom for years or the rest of your life. You should make a conscious attempt to thoroughly understand your registration requirements and strictly adhere to them.

Common registration errors to avoid include:

• Not determining the appropriate law enforcement agency to register with
• Not registering soon enough after being released from prison
• Not checking in with your law enforcement agency when planning to move or travel
• Not registering with the new jurisdiction soon enough after a move
• Not registering with the jurisdiction in which you are visiting for more than one week
• Not updating your registration when key personal information has changed
• Not checking in with your law enforcement agency at the designated intervals

Can I Deregister as a Sex Offender in TX?

In some cases, individuals charged with failure to register may ultimately be eligible to petition for early removal from the Texas sex offender registry—known as deregistration. This is only available to certain low-level offenders with a single qualifying conviction and requires a thorough evaluation by the Texas Department of Public Safety and a court petition.

While deregistration doesn’t excuse a failure to register charge, it may offer a long-term solution to avoid future violations. An experienced attorney can help assess your eligibility and protect your rights moving forward.

How a Defense Lawyer Can Help You Respond to Charges

If you are charged with failing to register because of a mistake like contacting the wrong agency within a city or accidentally missing an appointment with a supervisor, you can defend yourself by offering proof that the incident was an innocent mistake and that you have consistently done your best to comply with the registration requirements.

Charged with Failure to Register? Contact a Houston Sex Offender Attorney Today

Do not let failure to register charges ruin your life and send you back to prison. Work with experienced Houston sex crimes lawyer Ned Barnett. With more than 30 years of experience as a federal and state prosecutor and criminal lawyer, attorney Barnett understands Texas law, how to analyze your situation, and the best defenses available to you under the law. He is ready and willing to fight these charges.

Call the Law Offices of Ned Barnett today at (713) 222-6767.