People facing sexual assault charges may feel like the situation is out of their control. It isn’t. Texas law gives you several paths to have sexual assault removed from your record. There are ways to get charges dismissed and even expunged from the record for good.
First, let’s talk about dismissals.
There are many paths to securing a dismissal.
The prosecutor can decide not to move forward with a criminal case.
That’s either before the trial begins or before the jury reaches a verdict. When you hear about “dropped” charges, this is what people mean.
A prosecutor will drop sexual assault charges because they don’t think they can secure a conviction. Why? Several reasons.
The state often brings charges before all the evidence is accounted for.
In the case of sexual assault charges, careful examination of texts, location data, and witness statements often supplies new evidence that brings with it proof of consent.
Witness cooperation can change.
An important witness may change their mind about testifying. They may also recant their testimony or give inconsistent statements. Then, a case that looks solid can fall apart.
Credibility issues may also come into play.
Even if witnesses are consistent in their testimony, conflicts may occur that create doubt over their credibility. Sometimes, the facts shift or outside motives appear in ways that make the prosecutor unwilling to take the case further.
Unlawful police procedures can be used to secure a dismissal.
The Texas Constitution protects against unreasonable searches and seizures. If the police didn’t obtain a warrant or have probable cause before conducting a search or gathering evidence, the evidence can’t be used.
Mishandled evidence is also a consideration.
Law enforcement must move and track evidence in specific ways. It’s called following the chain of custody, and when it’s not done, evidence becomes inadmissible in court.
If that evidence is crucial to the prosecution’s case and fails to meet the minimum legal standard required to continue, the case could be dismissed.
Dismissals do not guarantee a clean record.
Even if the prosecution stops a sexual assault trial from proceeding, the arrest will still exist on a person’s record. But there are steps a person can take to have those sexual assault charges removed from their record. In Texas, we have two processes to do so.
Non-disclosure seals your record, but doesn’t erase it.
Non-disclosure is possible if a person completes deferred adjudication. While most people and employers won’t be able to see a sealed record, law enforcement still can.
Expunction removes the arrest.
When a record is expunged, it never happened, so to speak. As a result, you are legally permitted to deny that it occurred.
Expunction is available if:
- The charges were dismissed,
- The person was acquitted, or
- The conviction was overturned.
Some convictions are difficult or impossible to remove.
In most cases, according to Texas law, a sex crime conviction cannot be expunged. Similarly, an order of non-disclosure can’t be granted if the offense requires registration as a sex offender or was violent in nature.
Pleading guilty will have long-term consequences.
If you plead guilty, even to a reduced charge, you may lose the chance to have sexual assault charges removed from your record. That’s why it’s important to speak to a lawyer quickly and properly strategize.
A quality defense team gets involved early.
The best way to stop a charge or conviction from appearing on your record is to act before the case is filed. Talk to a defense attorney as quickly as possible. They will be able to challenge the evidence before formal charges are filed.
Go with Gold Legal to protect your future.
If you are under investigation for sexual assault in Texas or have already been arrested, contact Gold Legal, PLLC immediately.
Contact us today for a confidential consultation.
— Kandi Gilder, Attorney at Law
