Criminal Law Questions? Ask a Criminal Lawyer.
he may be able to obtain an expungement of the matter - if he is a first offender - but he would need to wait a total of 10 crime free years from the date of completion of his probation - unless they count his 10 years of probation as that crime-free period. it would probably be best if he consulted with a local attorney to handle such an expungement, given the nature of the crime. you can contact the texas bar association for a referral service to ensure that you are getting a lawyer in good standing and one who knows the exact ins and outs of the process and the "buzz" words to put with an application for petition of expungement of the record - here is that link
I appreciate your reply. One more question.....He is within the last 15 months of his probation and recently has shown to have failed a required polygraph. The polygraph examiner said he showed a 1% response to two questions and therefore was in violation. The examiners final report to his P.O. showed he had a 50% response. He has been talking to an attorney and is scheduled to appear in front of a judge next week. The recommendation of the P.O. is that he spends time in jail until he passes the next polygraph. Can his attorney prevent this? Is it in his best interest to appear in front of the judge with his attorney present?
he needs to take his attorney with him. if he failed the polygraph, a court will place great weight on that due to the climate of sex offenders within society and no judge wants to take the risk - and a skilled attorney will be able to dispute those findings so it is possible the lawyer can keep him from re-incarceration. i mean, it does not sound as if your friend is a pedophile - you said his victim was 2 years older - and that can be successfully argued, in my opinion
you're welcome - good luck.