June 15, 2016

Asked 5/23/2016 – Plano, TX

I was charged with agg sex assault of a child (step child). Prior to this arrest I have never been arrested nor since. I took two lie detector test, they determined I was truthful. The case was dismissed in 2005.

Answer

Generally if a case is dismissed on motion by the District Attorney, the statute of limitations must run on a case before a petition for expunction is filed; however, there is no statute of limitations on aggravated sexual assault cases. You still may be granted an expunction. Contact a local attorney who will talk with the District Attorney’s office before the petition is filed to see if the State would oppose your petition so you know what you are getting into before you begin the process.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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