Are sexual offenders allowed to move out of state?

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Are sexual offenders allowed to move out of state?

Husband’s son is asexual offender. He is currently incarcerated but due to get out in 7 months. He wants to move in with us. I don’t want our address blacklisted as being the home of a sexual predator. I substitute teach in the schools and my husband works atthe courthouse as a clerk. I know we’d be in the database. How does the law work? Shouldn’t he have to stay in NJ, TX has enough predators. Any jurisdiction here? Any advice would be appreciated sincewe don’t have the extra money to pay an attorney (not to mention, it’s an embarrassing situation).

Asked on October 11, 2010 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I can see where the circumstances here may be a problem for you and your husband.  Sexual offenders can move out of state. Anyone convicted of a crim can move, but here the issue becomes one of is he on probation once he is released and can that probation be transferred to his new state of residence? Generally you have to make an application to transfer your probation to another state and I am sure that registering as a sex offender in the new state would be a condition of transfer if transfer is permitted. He would have to meet the criteria for transfer whatever that would be.  If one of them is a job and place to live and he has neither then doubtful that he will be allowed to leave.  Good luck.


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