FOR IMMEDIATE RELEASE

Contact:
communications@narsol.org

Austin, TX – February 26, 2026 – The National Association for Rational Sexual Offense Laws (NARSOL) has filed a federal civil rights lawsuit in the Western District of Texas challenging the current deregistration process in the state that arbitrarily bars those convicted in federal court from deregistration.

The proposed class action lawsuit Burton, et al. v Martin et al., submitted on behalf of the plaintiff and all similarly situated plaintiffs in Texas, contends that the state has arbitrarily denied individuals convicted in federal court access to the same deregistration process provided by law to state-convicted registrants with substantially similar offenses.  NARSOL’s staff attorney and Texas-based attorney Courtney Vincent jointly filed the action.

Under the state interpretation of current Article 62.404 law, only those convicted of a sexual offense in Texas state court can deregister. Those convicted in federal court cannot.

According to the complaint, the state has violated constitutional provisions of the Equal Protection Clause and Due Process. In addition, the statute in question places a venue bar for the deregistration process by requiring registrants to file the deregistration action “. . . with the trial court that sentenced the person.” While those convicted in state court can do this, those with federal convictions cannot. Citing the venue restriction, the state has denied all federally convicted registrants from the deregistration process. The lawsuit argues that a restriction on venue should not be construed as a jurisdictional limitation for deregistration in state court.

The class action suit, represented by the plaintiff and NARSOL, is partially funded by Texas Voices for Reason and Justice, NARSOL’s Texas state affiliate. The complaint requests that the Court:

• Permanently enjoin Defendants from treating Article 62.404’s filing directive as a jurisdictional bar to motions filed by federally convicted registrants;
• Declare that, to the extent Defendants continue to interpret or enforce Article 62.404 as categorically barring federally convicted registrants from accessing any judicial forum, such interpretation and enforcement violate the Equal Protection Clause of the Fourteenth Amendment;
• Declare that Defendants’ interpretation and enforcement of Article 62.404 violate the Due Process Clause of the Fourteenth Amendment by creating a statutory remedy that is illusory and denying federally convicted registrants any meaningful opportunity to be heard;

The National Association for Rational Sexual Offense Laws (NARSOL) is a civil rights organization dedicated to promoting evidence-based policies and constitutional protections for individuals affected by sex offense laws.

They will provide updates as the case progresses.

Note to editors: Court documents and supporting materials available upon request.

The post NARSOL Files Federal Lawsuit Challenging Texas Deregistration for Federal Convictions first appeared on NARSOL.

Stephen . . . NARSOL recently assisted two Texas registrants who reported that they were being improperly required to remain on the state’s sex‑offense registry despite having successfully completed deferred adjudication—a legal process in which a court

withdraws a permanent conviction upon the individual’s completion of probation without further incident. After review by NARSOL’s Legal Committee, the organization retained seasoned Texas attorney Scott Smith to present the matter to the Department of Public Safety. DPS agreed with the legal analysis and administratively removed both individuals from the registry. Following that determination, an additional six registrants were subsequently removed, with more cases currently under review. 

Individuals may qualify for removal if they entered deferred adjudication prior to September 1, 1999, and successfully completed the probationary period. NARSOL anticipates that additional Texas registrants may be eligible under the same legal framework. Those seeking guidance on the proper procedure for review and potential removal are encouraged to contact NARSOL’s Texas affiliate, Texas Voices for Reason and Justice, for detailed assistance at  info@texasvoices.org. 

The post NARSOL Secures Registry Removals for Texans Wrongly Listed After Deferred Adjudication  first appeared on NARSOL.