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Getting Rid of a Sex Crime History
Having a sex crime on record, particularly if it is a felony, can be a little like a life sentence, since it makes it almost impossible to get a job paying above minimum wage or obtain professional licenses. Generally, felony sex crimes cannot be gotten rid of, and there is only a slim chance of getting a misdemeanor sex crime erased.
Getting crimes thrown out of a criminal record is called “expunging” the record. Legally, expunged records are either “sealed” or the court dismisses the charging document by setting aside a verdict of guilty, but the record is never destroyed. Rules vary from state to state – in some cases, a dismissal will still appear on the record.
States generally allow infractions, violations, arrests, citations, and records of county jail time to be expunged after a successful probation period. However, it is more difficult to seal the record if there is an actual conviction. Some misdemeanor convictions can be expunged, but in most states, any sexual activity involving a minor or child cannot be expunged. This includes child pornography, showing obscene literature to a child, and luring or enticing a child.
A limited number of sex misdemeanors may be able to be expunged, such as sexual misconduct and lewd or lascivious behavior, depending on the circumstances of the case (which will encourage the prosecutor to let it slide).
Even if the sex crime is expunged, sealed, or dismissed, the person will generally have to remain registered as a sex offender long afterwards, or even for life (according to the state). So, although a convicted sex offender may honestly reply on a job application that she has never been convicted of a crime if expunged, she will still have the sex offender registry to worry about.
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