Can CPS Records Be Expunged

My question involves defamation in the state of: Texas I m not going to sue anyone but use this in a defense rather. I am trying to find out if the CPS is using a RTB(reason to believe) on a person in a wrong way. A friend of mine was charged with sexual something another to a child. It was found to be false of course and dropped by the courts because the person was a ex wife's family and they called it a family vengeance .. any how the DA and all dropped it but CPS put it as RTB. and now CPS is saying that his girlfriend cant have her kids as long as she is living with him do to this RTB. I understand that CPS has their rules on this but can they still put it as RTB even though the it was dropped? and being dropped they still say he is a reg sex offender and tells others that he is when you can look his name up he is NOT one.. anyways any help will be great as these two are living a nightmare again! They are trying to find a way to get it expunged off his record! He has no other criminal records either

Because CPS isn't the DA. The DA may have dropped the case because there wasn't enough proof for a conviction; this doesn't mean that there wasn't an indication of abuse and that's why CPS can make such a designation.

However, nobody should be accusing him of being a sex offender if in fact he is not required to register; so WHO is doing that?

My question involves child abuse or neglect in the State of: Texas
I am trying to find out if the CPS is using a RTB(reason to believe) on a person in a wrong way. A friend (my now bf) of mine was charged with sexual something another to a child. It was found to be false of course and dropped by the courts because the person was a ex wife's family and they called it a family vengeance .. any how the DA and all dropped it but CPS put it as RTB. and now CPS is saying that that cant have her kids as long as I am living with him do to this RTB. I understand that CPS has their rules on this but can they still put it as RTB even though the it was dropped? and being dropped they still say he is a reg sex offender and tells others that he is when you can look his name up he is NOT one.. My kids where taken I have been fighting them on and off for 12 years now do to my 3 boys dad .. but never because I have abused my children or they have been abused with anyone I was with.. a judge has told CPS to leave me alone once in another county but now this county is really bad.. The case worker I have now DONT understand my case at all.. the husband at the time now my ex had hit one of his kids not my kids and was given a felony for child abuse and he got his kids back. I dont understand that because my kids are still in care nad my bf only has the RTB through CPS no criminal record at all.. I have tried to get a attorney but cant afford one and no matter what I do CPS will make some other reason up they said I lived with this guy who also adopted my nephew 11 years ago was a foster parent himself an so on and so on.. they want me to move out get a job( I have been trying to get disability) cant work and they want me to live on my own .. my kids are one aged out 18 one is 17 and the other will be 15 in Jan they all have begged still begging to come home they wont listen to them. the bf said he would move out let me have the house and payu the bills but they will not let it happen want me paying the bills and I would love to but again I cant work. this is only the 1/2 of the hell I have been though with CPS and I have never been charged ot had anthing with abuse on me .. please please help thank you

Do you really expect them to tell you it is okay to live with someone who is a suspected child predator? Do you really think they will believe he is going to move out, pay the bills and stay away for the next three years? I suggest you get a job and pay your own bills if you want the kids back.

My question involves criminal records for the state of: Texas

Can CPS records be expunged in Texas if CPS has RTB(reason to believe) but the criminal part was dropped and not true and can they use that agents you.. How can they say reason to believe and keep kids away if the criminal was dropped because THEY believe him to be unsafe well the person at the time of the report.. I mean they can tell me that have coffee in their cup well I have RTB its beer.. I mean how can this be used on someone when it was dropped by the law.. and this is sexual assault to a child the person was found to be lying and was told they would fight it but if she was lying she would be the one going to jail well she decided to drop it.. go figure she was angry at the time..

CPS is calling a sex offender and also telling the foster parents and councilors he is a reg sex offenders.. and told the judge that he was when I tried to tell her that he was not..

Do you have proof? Do you have the name of the CPS worker who is doing this? Can you make a complaint?

I have complained until I am blue in the face.. and yes I have had many ppl tell me and him that he was a sex offender and it was hard enough for him going through this mess as he has never been in trouble with the law before and this girl got mad because he would not let her go out one night and them wow.. but she told 4 diff stories to the DA and he told her he would fight this but she needed to know that if he did and it came out she was lying then she would be the one in jail and well she decided then she would not go any farther and the DA told her that because he kinda already knew she was lying .. I jsut cant see how CPS can do RTB because they think so of course they have that kind of info and they told him well he had 45 days to get it off his record his wife at the time never gave that to him so we dont know how to get it off of the CPS record and to get them to stop using it agents him it is frustrating

You need to be more clear about what is happening.

If you are complaining that CPS determined the abuse allegations to be founded, even though a prosecutor did not believe they could be proved beyond a reasonable doubt, as you were told we're talking about two different agencies and two different burdens of proof.

Beyond that, are you complaining that CPS has included a suspected sex offender on a child the child abuse central registry, and that people are learning of the accusation when they run a check against the registry, or are you complaining that a case worker is actively identifying people to notify of the allegations despite his not being on the central registry? What untrue statements are you claiming that they're making ("We found the allegation to be founded" is not an untrue statement if they found the allegation to be founded, whether or not a prosecutor authorized charges).

Texas law provides for removal of information from the central registry when "the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect". So again, it's important to know if the abuse charges were determined by CPS to be founded or substantiated.

Quote:

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Quoting Texas Family Code, Sec. 261.315. Removal of Certain Investigation Information from Records.

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(a) At the conclusion of an investigation in which the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect, the department shall notify the person of the person's right to request the department to remove information about the person's alleged role in the abuse or neglect report from the department's records.

(b) On request under Subsection (a) by a person whom the department has determined did not commit abuse or neglect, the department shall remove information from the department's records concerning the person's alleged role in the abuse or neglect report.

(c) The board shall adopt rules necessary to administer this section.

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As you were told in your other thread, CPS and the prosecutor's office are separate agencies, and they make separate evaluations and determinations under different standards. A prosecutor considers whether a charge can be proved in court beyond a reasonable doubt. A CPS investigation determined whether or not an abuse allegation is substantiated, whether or not there's enough evidence for a criminal prosecution.

If CPS has been involved in your situation, and has been periodically removing your children from your home over a period of twelve years, there's a lot more to this than an unprosecuted allegation against your current boyfriend.

What rule or rules do you believe CPS is not following?

Please write clearly, using paragraphs.

Quote:

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Quoting Mr. Knowitall

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As you were told in your other thread, CPS and the prosecutor's office are separate agencies, and they make separate evaluations and determinations under different standards. A prosecutor considers whether a charge can be proved in court beyond a reasonable doubt. A CPS investigation determined whether or not an abuse allegation is substantiated, whether or not there's enough evidence for a criminal prosecution.

If CPS has been involved in your situation, and has been periodically removing your children from your home over a period of twelve years, there's a lot more to this than an unprosecuted allegation against your current boyfriend.

What rule or rules do you believe CPS is not following?

Please write clearly, using paragraphs.

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. actually the times between 12 years was not being removed from me it was their father and this last time they was in my home and my husband at the time. hit one of his kids. and they all where taken and I divorced him he has a felony for child abuse got his kids back.. I was told to move out form this bf and at the time I was NOT living with him they never would come check my house out and people around me to make sure he was not living with me they jsut went on what my ex told them . I asked them many times to come to my house and check to see if he lived with me they never would.. with me fighting the last 12 years was to get them away form their father. again I have no CPS record other than this last time and it had nothing to do with me or my kids really. but that is neither here nor their I guess.. so if it is something else I have no clue they made me divorce my daughters dad for my boys I did that and they still did not give me my kids and again I have no CPS or criminal record myself as my case worker says to me I am stuck in the system and no one is taking the time to see they are messing up my case and not paying att to it at all..

the statement of CPS saying and telling other people like the foster parents that he is a reg sex offender when he is not.. I understand the part that they say they believe it to be true but there is not enough to back it that is why they made it RTB because "they" feel it could of happened but there is not enough to take it to court.

What rule or rules do you believe CPS is not following?

Please write clearly, using paragraphs.

At risk of repeating myself, if you are complaining that CPS has included a suspected sex offender on a child the child abuse central registry, and that people are learning of the accusation when they run a check against the registry, that's not actionable. "We found the allegation to be founded" is not an untrue statement if they found the allegation to be founded, whether or not a prosecutor authorized charges.