Life After a Texas Sex Offense Conviction or Deferred Adjudication

The consequences that last longest often begin after the sentence ends. This article is part of our guide to Dallas sexual offense defense. Peter M. Barrett has been licensed in Texas since 1994 and has tried more than 150 jury trials. He is a Past President of the Dallas Criminal Defense Lawyers Association (2005).

Registration shapes everything else

A person with a "reportable conviction or adjudication" must register (Tex. Code Crim. Proc. art. 62.051(a)). That term includes a deferred adjudication (art. 62.001(5)). So a plea that avoids a conviction can still lead to registration. One exception: a second indecent exposure is not reportable if it ends in deferred adjudication (art. 62.001(5)(F)).

• How long. For life for sexually violent offenses, such as sexual assault by someone 17 or older, and some others, such as child pornography (arts. 62.001(6), 62.101(a)). For most other listed offenses, the duty ends 10 years after release, discharge, or dismissal, whichever is later (art. 62.101(c)(2)).
• How often. Most registrants verify once a year, within 30 days of their birthday (art. 62.058(a-1)). People with two or more sexually violent convictions or deferred adjudications verify every 90 days (art. 62.058(a)).
• Missing a requirement is a crime. It ranges from a state jail felony to a second-degree felony, one level higher with a prior failure-to-register conviction (art. 62.102(b), (c)).

See our guides to Texas sex offender registry requirements and deregistration in Texas.

Background checks and your reputation

Art. 62.005(b) makes registry information public, including the numeric risk level. Some details stay private, such as phone numbers, employer information, and anything identifying the victim. DPS must post any available driver's license or ID photo on its registry website (art. 62.005(c)). Local police must release the public information to anyone who asks (art. 62.005(d)).

Under Gov't Code §411.135(a), anyone may get conviction and deferred adjudication records from DPS. They may use that information for any purpose (§411.135(c)). Employers, clients, and neighbors can find it long after the case ends.

Can a sex offender get a job in Texas?

Yes, but not every job. Art. 62.063(b) bars some registrants from certain paid work. It applies when the case papers include a finding that the victim of a sexually violent offense was younger than 14 (arts. 42.015(b), 42A.105(a)). Those registrants may not, for pay:

• operate a bus;
• provide taxicab or limousine service;
• provide any service in another person's home, unless supervised; or
• operate an amusement ride.

Two 2025 bills added to this list in different ways, including prearranged rides, work at schools, and tutoring minors. Ask a lawyer which version applies. Covered registrants get a summary of barred jobs with each verification form (art. 62.058(f)).

For other jobs, background checks and licensing are the usual hurdles.

Can a registered sex offender get a professional license in Texas?

It is harder. Texas Occupations Code chapter 53 sets the general rules.

• May act. An authority may suspend or revoke a license, or disqualify an applicant, for a conviction for a sexually violent offense (§53.021(a)(3)). The same applies to offenses listed in art. 42A.054 and offenses that directly relate to the job (§53.021(a)(1), (2)).
• Must act. A license shall be revoked when the holder is imprisoned after a felony conviction for one of those offenses (§53.021(b)(1)).
• Deferred adjudication. Normally, a dismissed deferred adjudication is not treated as a conviction (§53.021(c)). But if the charge was listed in art. 62.001(5), the authority may treat it as one. It must first find the person may pose a continued threat to public safety or could repeat the conduct (§53.021(d)).
• Some fields get no protection. That deferred adjudication rule does not help applicants for or holders of law enforcement, public health, education, or safety licenses (§53.021(e)).

Authorities weigh factors such as the crime's seriousness, time passed, and rehabilitation (§§53.022, 53.023(a)). Each must issue guidelines on which crimes relate to its licenses (§53.025(a)). DPS must notify a licensing authority when a registrant holds or seeks its license (art. 62.005(e)).

Teachers and school employees

Education Code §21.058 covers a conviction or deferred adjudication for an offense requiring registration. Within five days of notice, the State Board for Educator Certification shall revoke the certificate (§§21.032, 21.058(b)). The school district must remove the person from campus (§21.058(c)(1)). For contract employees, it must also suspend without pay and end the job as soon as practicable (§21.058(c)(2)).

No sealing through nondisclosure

Some people who complete deferred adjudication can ask for an order of nondisclosure. It stops criminal justice agencies from disclosing the record to the public (Gov't Code §411.0725(d)). For a registrable offense, that door is closed. Under Gov't Code §411.074(b)(1)(A), no order may be granted for an offense requiring registration. The bar also covers anyone with a past conviction or deferred adjudication for one. Our guide to expunction vs. nondisclosure in Texas explains both.

Sex offender restrictions in Texas: where you can go

On community supervision

Art. 42A.453 applies to community supervision for offenses including indecency with a child, sexual assault, and aggravated sexual assault (art. 42A.453(b)(3)). If the victim was a child younger than 17, the judge shall set a child safety zone (art. 42A.453(c); Penal Code §22.011(c)). The person may not:

• supervise or join youth programs that regularly offer athletic, civic, or cultural activities; or
• go within 1,000 feet of places where children commonly gather, such as schools, playgrounds, and public pools.

The person may ask the court to change a zone that blocks school or work, or is broader than needed (art. 42A.453(e)).

On parole

Gov't Code §508.187 sets a similar rule for parole. The parole panel sets the distance (§508.187(b)). Exceptions include a parole office and places the parole division authorizes, such as a workplace or church (§508.187(b-1)).

For registrants

• City rules. A general-law city may bar registrants from going within up to 1,000 feet of child safety zones (Local Gov't Code §341.906(b), (d)). The ordinance must exempt a home the person already lived in (§341.906(f)).
• Schools. A registrant entering a school during operating hours must immediately tell the school office (art. 62.065(b)).
• College campuses. A registrant may not live on campus without risk level one and school approval (art. 62.064).

Firearms

Under Penal Code §46.04(a), a person convicted of a felony may not possess a firearm for five years after release from confinement or supervision, whichever is later. After that, possessing one anywhere but home is still a crime. It is a third-degree felony (§46.04(e)). Federal law, 18 U.S.C. §922(g)(1), bars gun and ammunition possession after a conviction for a crime punishable by more than a year in prison. Ask a lawyer whether deferred adjudication counts in your case.

Travel and immigration

Federal law requires a sex offender to give the registry details of intended travel outside the United States (34 U.S.C. §20914(a)(7)). The U.S. Marshals Service may notify the destination country (34 U.S.C. §21504(a)(1)). If you are not a U.S. citizen, a sex offense charge can carry immigration consequences. Talk to an immigration lawyer before any plea.

Why the defense focuses on the result

Nearly every consequence above turns on one question: does the case end in a result that requires registration? A listed offense triggers registration even through deferred adjudication (art. 62.001(5)). Some sex-related offenses are not on the list, such as an improper relationship between an educator and a student (Penal Code §21.12).

So the charge, the evidence, and any plea offer should be reviewed with registration in mind from day one. Every case is different, and no lawyer can promise an outcome. See our guides to indecency with a child and sexual assault.

Common questions

This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.