Houston, TX asked in Criminal Law for Texas

Q: My question is can Texas denie part of a court order that was issued from another state and signed by Judge .

It was a order releasing me from lifetime supervision and Register 5 years ago and they still make me register by my Judge released me I was under new Jersey guide lines since I was interstate comp

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: This is not my focus area but I believe an out-of-state conviction or deferred adjudication can require registration if:

1. Registration is required by the other state; OR,

2. The elements of the offense are substantially similar to a Texas crime that would require registration.

In other words, you could have a duty to register here even if you don't there.

This could come down to whether New Jersey simply removed your duty to register or if they went much farther and did something like sealing, expunging, or pardoning your conviction or deferred adjudication.

The applicable law is in Chapter 62 of the Texas Code of Criminal Procedure which you can read here: https://statutes.capitol.texas.gov/Docs/CR/htm/CR.62.htm

That said, if this were my problem I wouldn't give up without considering whether relief might be possible under the "Full Faith and Credit" clause of the U.S. Constitution in Article IV, Section 1 and its implementation in 28 U.S. Code § 1738... My guess is that there is case law on point to this question.

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