Can sexual assault charges be expunged? 10 Answers as of June 04, 2013

I have a question regarding my ex-husband and I hope you will be able to help me. My ex and I separated in 2010 and our divorce was issued on January 2012. Now my ex filed for a child support reduction because he "can’t find a full time position job because of his criminal record”. I’m working so hard in order to prepare to re-battle during the motion and need help to address his statement. I searched online for information regarding this matter, but I wasn’t able to find what I’m looking for. Facts: Conviction Date: 1995 Offense: Criminal Sexual Conduct – 4th Degree His charges were released in 10 years, he received a document about it in 2005, but his criminal record is still not cleared. I recently learned that you have to file expungement in order to clear your record. Questions: What does he need to be done in order to get rid of conviction record in order to get a regular full time position job? I found some generic pointers online. Can you please point me to specific websites or give me any information how to file for an impingement if you have sexual assault charges? Is it regular procedure for all cases or sexual assaults has to be treated differently? I found a bunch of information how to do so, but none of them specify that something like that can be done in order to get rid of sexual conduct record. Is it possible? Is the procedure different? Thank you in advance for any of your help.

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Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
You have to specifically petition the court for expungement of a record. Without our seeing his sentencing order and his criminal history, I can't say, other than it is extremely difficult to get such a conviction removed.
Answer Applies to: Washington
Replied: 6/4/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
See the Clerk of Court's office where the sex case was handled, and ask them if an expungement is possible. From what you said, he is eligible for expungement 10 years after the offense. The responsible clerk in the expungement department should be able to answer any questions you have about the procedure. If not, consult with an attorney in that county to handle the matter for you.
Answer Applies to: Illinois
Replied: 6/4/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
CSCIV is the only major sex crime that can be expunged. The expungment statute? MCL 750.621 excludes practically all other sexual convictions.
Answer Applies to: Michigan
Replied: 6/4/2013
LeadfootSpeedingTicket.com
LeadfootSpeedingTicket.com | Andrea Storey Rogers
No, a conviction for sexual assault can not be expunged from a criminal record. Only a few types of misdemeanors or felonies are eligible for expungement after 10 years of good behavior (20 years for felonies) but a conviction for sexual assault is not one of them.
Answer Applies to: Missouri
Replied: 6/4/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Some states allow you to expunge some convictions. Tennessee, New Jersey and California are a few that allow it, but New York does not allow it. In some states you have to be dead or found innocent, others allow it after a period of time for minor crimes. You can get a Certificate of Relief in New York from an attorney to get certain jobs.
Answer Applies to: New York
Replied: 6/4/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Conviction is forever in Virginia. Expungement of a criminal conviction, sexual assault or anything else, cannot be removed from your record unless he has a pardon from the governor ( not likely). There is no exception for job hunting difficulty. Expungement laws vary by state. W are the south. We are harsh.
    Answer Applies to: Virginia
    Replied: 6/4/2013
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    The answer to your inquiry may be simpler and for your former husband more unfortunate than either of you may have suspected, i.e., there is no expungement in the Commonwealth available for records of criminal conviction unless the convicted one can prove that s/he has been wrongfully convicted and as a consequence thereof has received a pardon from the governor.
    Answer Applies to: Virginia
    Replied: 6/4/2013
    William L. Welch, III Attorney | William L. Welch, III
    Information about expungement is available on the forms tab for district court at mdcourts.gov.
    Answer Applies to: Maryland
    Replied: 6/4/2013
    Gates' Law, PLLC | Thomas E. Gates
    Check state statute, sexual assault crimes usually are not able to be expunged.
    Answer Applies to: Washington
    Replied: 6/4/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    I assume you are in New York because the question is posted in New York. In New York there is no expungement of criminal records. It is possible to apply for certificates of good behavior and release of civil disabilities but his criminal record will remain. Lots of people cannot find work today and you are wrong to assume that your husband's prior criminal record is the reason. I seriously doubt that this will help you on the motion. Indeed, your strategy on the motion could backfire. If you are handling this without legal counsel you are making a big mistake.
    Answer Applies to: New York
    Replied: 6/4/2013
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