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MIAMI (CBSMiami) – A 44-year-old school bus driver will no longer face charges of sexual battery on a child.

Enrique Napoles drove a school bus for a private bus company. He was accused of assaulting a 7-year-old girl ten times in the back of a bus. Police said Napoles admitted being with the student on the bus, but denied assaulting her.

Napoles was arrested by Miami-Dade Police on February 27 and was ordered to be held without bond.

CLICK HERE To Watch Maggie Newland’s Report 

Prosecutors, on Monday, said there was not enough evidence to proceed with charges against Napoles.  According to court documents, there was no physical evidence to back up the child’s accusations and another child she named as a witness contradicted her statement.

“The witnesses and the evidence that were presented to the state leads me to believe the correct choice was made of no action in the charges,” said Napoles’s attorney Rey Dorta.

Even though Napoles is no longer facing charges, his lawyer says the allegations alone may have a lasting impact.

“It’s very difficult when anyone gets charged with these kind of charges. It creates a certain stigma and that certain stigma is one that would follow you around even though the charges are dismissed,” said Dorta.

“I knew it that he’s innocent,” said his wife Aime Diaz.

Napoles is the father of three children. His wife has said from the beginning that he was not guilty.  After his arrest she even posted a note reading, “My husband is innocent,” on the family’s door. She said the past month has been difficult.

“It was an ugly reality that we faced, but we survived.”

CBS4 News attempted to contact the bus company where Napoles worked to ask whether he would get his job back. So far, there has been no response.

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