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When i was 19 i was charged with aggravated sexual assualt? Is there anything at all i can do to get it off my record ?

Killeen, TX |

I had sex with girl who lied about her age and didnt find out her real age till i was in cuffs. Her parents didn't want this to affect me but i got hauled off to jail anyway didn't serve any time but got 3 years adjudicated probation for it. My lawyer told me at the time when i pleaded that i could get it off my record when i finished probation. I got charged 2004 and finished probation 2007 without any problems and haven't been in trouble since. The mother would write a statement attesting to my character. I want to get a decent job but this is haunting me is there any way at all i can go about resolving this. PLease help

The charged was changed to injury to a child but does that even make a difference?

Attorney Answers 2


Unfortunately, no. Sexual assault of a child is a strict liability crime - meaning that it does not matter that you were lied to. The lawyer gave you wrong advice about being able to clear your record but most likely that did not affect your decision to plead guilty because if you had not entered the plea agreement for deferred adjudication probaiton and instead went to trial then the best you could have gotten was straight probation. Either way, the case would stay on your record. Sorry. You are not eligible for an expunction nor to seal your record.

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I agree with what you have been advised. Sexual assault crimes in general, and certainly involving a child are usually not eligible to be expunged.

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