Expunging Misdemeanor Sex Offenses: Is It Possible?
Sex offenses of any type — even when it was only an arrest — can have serious consequences in a person’s life. Indeed, long after a sex offense arrest or conviction, the consequences often follow the person as they seek a new place to live or a new job, or even child custody of their kids. While you might know that it is more difficult in any type of criminal case to have a felony expunged, you may be wondering if there is a way to remove your misdemeanor sex offense record from public view. If you were arrested for a sex offense, or if you were arrested or convicted, it is important to understand whether or not your record of this offense will ever be eligible for expungement. Our Indianapolis sex crime defense lawyers can provide you with more information.
Misdemeanor Convictions That Classify a Person as a “Sex or Violent Offender” Cannot Be Expunged
While it can be easy to mistakenly assume — or to hope — that any misdemeanor conviction will become eligible for expungement at some point, there are some types of cases where even a misdemeanor is not eligible for expungement under Indiana law. Specifically, if you were convicted of any type of offense that has classified you as a “sex or violent offender,” even if the conviction was a misdemeanor, it is ineligible for expungement.
What Types of Convictions Involve Classification as a Sex Or Violent Offender?
What classifies a person as a sex or violent offender? Under IC 11-8-8-5, there are specific criminal offenses that, upon conviction, render a person a sex or violent offender. Those offenses include the following:
- Rape;
- Criminal deviate conduct;
- Child molesting;
- Child exploitation;
- Vicarious sexual gratification;
- Child solicitation;
- Child seduction;
- Sexual misconduct with a minor;
- Incest;
- Sexual battery;
- Kidnapping;
- Criminal confinement;
- Possession of child pornography;
- Promoting prostitution;
- Promotion of human sexual trafficking;
- Promotion of child sexual trafficking;
- Promotion of sexual trafficking of a younger child;
- Child sexual trafficking;
- Human trafficking;
- Murder;
- Voluntary manslaughter; and
- Sexual misconduct by a service provider with a detained or supervised child.
For some of the above offenses, there are certain exceptions depending on the facts of the case related to the degree of the offense and ages of the parties involved (particularly in cases where the conviction was for sexual misconduct with a minor).
Expunging Misdemeanor Sex Offense Arrest Records
Arrests for which charges are never filed, or for which cases are dismissed or the person is acquitted, can be expunged. Generally, arrests without convictions can be expunged one year after the date of arrest under IC 35-38-9-1.
Contact an Indianapolis Criminal Defense Attorney Representing Clients in Sex Offense Cases
If you were arrested for or convicted of any type of offense that is classified as a sex crime, we know how difficult it can be to live with this criminal record. While certain types of offenses are never eligible for expungement under Indiana law — even as misdemeanors — it may be possible, depending on the facts of your case, to have your record expunged. One of the experienced Indianapolis sex crime defense lawyers at Rigney Law LLC can discuss your case with you today. Contact our firm for more information about how we can help with expungements in Indiana.
Sources:
law.justia.com/codes/indiana/title-11/article-8/chapter-8/section-11-8-8-5/
in.gov/ipdc/files/TITLE35_AR38_ch9.pdf