Legal Question in Criminal Law in Texas

In a nutshell, here�s the situation:
I was convicted of sexual assault on my sister by my step-father about 10 years ago. I honestly did not do this. He is finally ready to come forth and admit that he lied - after I've already served the prison time and have been made to register. He says he will sign anything he needs to, because he feels badly about the false accusation. He was, in his defense (I guess), under heavy influence of drugs at the time. I threatened to call the police when I found out what he was using my money for, (I thought it was being used on my brother and sister), and we had a screaming match that ended with him telling me he was going to �fuck me up�. That's what led to the accusation. At the time I had a good job at Radio Shack�
Anyway, I�ve already served the time, like I said above. I just want this case removed from my record. From what I�ve been reading online, there�s something called a �motion to vacate the record of conviction� for things like this. Anyway, if there is anything you can do to help me, please let me know.
Thanks!

Asked on 12/14/10, 2:27 am

Mark Di Carlo Mark A. Di Carlo

0 users found helpful

0 attorneys agreed

There are fairly complex legal motions to do this. Their name escapes me, but it can be done, at a significant cost.

I would add that unless your sister was an infant, and could not remember anything, you probably have to have her testimony also.

Answered on 12/19/10, 6:57 am

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