(b) A person is eligible to petition the court as described by Subsection (a) if:
(1) the person is required to register only as a result of a single reportable conviction or adjudication, other than an adjudication of delinquent conduct; and
(2) the court has entered in the appropriate judgment or has filed with the appropriate papers a statement of an affirmative finding described by Article 42.017 or 42A.105(c).
(c) A defendant who before September 1, 2011, is convicted of or placed on deferred adjudication community supervision for an offense under Section 21.11 or 22.011, Penal Code, is eligible to petition the court as described by Subsection (a). The court may consider the petition only if the petition states and the court finds that the defendant would have been entitled to the entry of an affirmative finding under Article 42.017 or 42A.105(c), as appropriate, had the conviction or placement on deferred adjudication community supervision occurred after September 1, 2011.
(c-1) At a hearing on the petition described by Subsection (a), the court may consider:
(1) testimony from the victim or intended victim, or a member of the victim's or intended victim's family, concerning the requested exemption;
(2) the relationship between the victim or intended victim and the petitioner at the time of the hearing; and
(3) any other evidence that the court determines is relevant and admissible.
(d) After a hearing on the petition described by Subsection (a), the court may issue an order exempting the person from registration under this chapter if it appears by a preponderance of the evidence that:
(1) the exemption does not threaten public safety;
(2) the person's conduct did not occur without the consent of the victim or intended victim as described by Section 22.011(b), Penal Code;
(3) the exemption is in the best interest of the victim or intended victim; and
(4) the exemption is in the best interest of justice.
(e) An order exempting the person from registration under this chapter does not expire, but the court shall withdraw the order if after the order is issued the person receives a reportable conviction or adjudication under this chapter.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 134 (S.B. 198), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.27, eff. January 1, 2017.