If at 17 my friend was tried and convicted in a case involving his having sex with a 13 year old girl, is he now able to clear his criminal record?

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If at 17 my friend was tried and convicted in a case involving his having sex with a 13 year old girl, is he now able to clear his criminal record?

I’m not sure what exactly he was charged with but he had sex with this girl, not knowing that she was 13. Since he was17 he was tried as an adult and convicted and sentenced to 5 years in prison. He served his full sentence and has had no more criminal issues. Would there be a way to “fix” this? Meaning remove the felony element from his record or something? I feel he is wrongfully labelled and anyone having a felony can face life challenges but this isn’t fair to him. He deserves a life.

Asked on February 28, 2014 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas expungement law allows expungement of arrests which did lead to a finding of guilt, and class C misdemeanors if the defendant received deferred adjudication, and completed a community supervision. If the defendant was found guilty, pled guilty, or pled no contest to any offense other than a class "C" misdemeanor, it is not eligible for expungement; however, it may be eligible for non-disclosure if deferred adjudication was granted. However, if the person who has had a record expunged is applying for enlistment into the Armed Services, the charge must be revealed or the person shall be disqualified from enlistment and may be liable for criminal action for fraudulent enlistment if the charge is not revealed.

The Texas Young Lawyers Association and State Bar of Texas provide an informational packet about expungement as a service to the public.

Juvenile offenses

Juvenile offenses potentially eligible for expungement include "misdemeanor[s] punishable by fine committed prior to the age of 17, [offenses] committed by [minors] under the Alcoholic Beverage Code and [convictions] for Failure to Attend School" under the Education Code.Disqualifying factors can include multiple convictions and insufficient age.

Release, dissemination, and admissibility

The release, dissemination or use of expunged records by any agency is prohibited. Unless being questioned under oath, the defendant may deny the occurrence of the arrest and expungement order. However, Texas courts may still consider expunged records "as a factor in sentencing for subsequent criminal convictions," according to a 2010 meta-analysis of expungement in CommLaw Conspectus.

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