How to Handle a Sex Crime Criminal Record
There are no quick and easy solutions for a person who has been charged with a sex crime involving children in Texas. In fact, the consequences of an arrest—even in cases that do not result in a conviction—can follow an alleged offender for many years.
A criminal record can cause numerous difficulties in such matters as employment, college applications, car loans, and several other areas involving background checks. Any person who has been arrested for a sex crime against a child will need to make sure that his or her case is handled correctly from the very beginning by an experienced attorney in order to have any hope of putting these charges behind him or her.
The sex crimes attorneys at Dunham & Jones can help you avoid a criminal record. Call 800-499-8455 or complete our online form to have our sex crime defense attorneys review your case during a free consultation.
Which Convictions or Adjudications Appear on Criminal Records?
The Texas Department of Public Safety (DPS) retains records of all information submitted by criminal justice agencies within the state of Texas. Even if an alleged offender is acquitted of all charges or satisfies all terms of probation, any arrest information remains on that person’s criminal record indefinitely.
If an alleged offender receives deferred adjudication, he or she may be allowed under Texas Government Code § 411.081 to petition the court for an order of nondisclosure that prevents state agencies from disclosing the criminal record. However, people with reportable convictions or adjudications cannot seek this order.
Under Texas Code of Criminal Procedure § 62.001(5), a reportable conviction or adjudication is defined as a conviction or adjudication—including an adjudication of delinquent conduct or a deferred adjudication—that is a conviction for or an adjudication for or based on any of the following criminal offenses:
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- Aggravated kidnapping
- Aggravated sexual assault
- Compelling prostitution
- Continuous sexual abuse of young child or children
- Indecency with a child
- Indecent exposure
- Online solicitation of a minor
- Possession or promotion of child pornography
- Prohibited sexual conduct
- Sexual assault
- Sexual performance by a child
- Trafficking of persons
- Unlawful restraint
How Do Sex Crime Charges Affect Professional Licenses?
Under Texas Occupations Code § 53.021, licensing authorities may suspend or revoke licenses, disqualify people from receiving licenses, or deny people the opportunities to take licensing examinations on the grounds that they were convicted of offenses that directly relate to the duties and responsibilities of the licensed occupations or offenses that do not directly relate to the duties and responsibilities of the licensed occupations and were committed less than five years before the date the people apply for the licenses. Licensing authorities also have this power if people have been convicted of sexually violent crimes or any of the following offenses:
- Aggravated kidnapping
- Aggravated sexual assault
- Compelling prostitution
- Criminal solicitation
- Indecency with a child
- Injury to a child
- Sexual assault
- Sexual performance by a child
- Trafficking of persons
Can Sex Crimes Be Expunged From Criminal Records?
After a case has concluded, only certain alleged offenders may be eligible to expunge their criminal records. People can have their records expunged if:
- They were found not guilty
- Their criminal charges were dismissed
- Criminal charges were never filed
- They were sentenced to community supervision
- They successfully completed deferred adjudication
- They were convicted but later acquitted by the Texas Court of Criminal Appeals
- They received a pardon from the Governor of Texas or the United States President
The limited number of cases eligible for expungement makes it critical for any person arrested for a sexual offense involving children to retain legal counsel. An alleged offender will have a better chance of having their charges reduced or dismissed by working with a knowledgeable attorney who is familiar with these types of cases.
Contact Our Firm to Keep Your Record Clear of Sexual Offenses
If you are under investigation for or have been charged with any type of sex crime involving a child, you should speak to a skilled sex crimes attorney as soon as possible. Dunham & Jones attorneys have over 200 years of combined legal experience that give them unique insight into how prosecutors approach these cases. Our firm will provide a complete evaluation of your case during a free, confidential consultation when you call 800-499-8455 or fill out the online form.
