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Does someone who pleaded deferred adjudification to a sexual

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assault charge and is about...
Does someone who pleaded deferred adjudification to a sexual assault charge and is about to complete their 10 yr probation and is not even rated as any level of risk, have a chance to have his record expunged? Does he have any legal precedent to petition the court to no longer have to register as a sex offender after his probation is done? His "aledged" victim was two years older than him and even drop charges but, the state picked up the charges anyway.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 14 minutes by:
5/1/2009
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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hi

 

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

 

 

 

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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Customer reply replied 8 years ago

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?

 

Thank you!

Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

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

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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Customer reply replied 8 years ago
Thank you. You have been very helpful.
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

you're welcome - good luck.

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