Can a 3rd degree felony injury to a child get expunged after 12 years?

Asked over 1 year ago - Denton, TX

Young man I know charged with sexual assault with a child 12 years ago. He was 17 she was 16 they were boyfriend/girlfriend. Father of girl dropped charges but it was too late and he was still convicted. The felony on his record has affected his life, needless to say. He was told that it was reduced about 7 years ago to injury to a child/3rd degree, but after looking on the county website today it is still there as CAPIAS/SEXUAL ASSAULT CHILD
Now he's 30 and needs a break. Is there anything he can do to remove or something the record? And if not how can he have the charge updated to injury child, it was not sexual assault, she was willing. Thank you.

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . One does not qualify for expunction if one was convicted (or got deferred or probation.)

    Capias means there is a warrant for money owed.

    Father cannot drop charges, and it was not a consensual sex situation because it is an absolute defense to consensual sex that the parties are within 3 years of age of each other - he would not have been convicted.

    Cynthia Henley
    713-222-1220

  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . See my answer to your previous question.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Anthony Scott Simpson

    Contributor Level 5

    2

    Lawyers agree

    Answered . This conviction is not eligible for expunction because it is a conviction, regardless of the circumstances surrounding the charges. This all occurred many years ago and he cannot appeal the conviction now.

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