Criminal Law Questions? Ask a Criminal Lawyer.
Different states have different procedures but for the most part it is a judicial process (needs to go through the courts) and therefore you would be best off by consulting a lawyer.
Before you can seal or expunge a criminal record you must qualify. If you were convicted / adjudicated guilty of the crime you were charged with you do not qualify. You must get a dismissal of the case or a withhold of adjudication. In Florida, for example, you can only expunge cases that were dismissed and; to seal a case you must have a withhold of adjudication.
Also, not all crimes can be sealed or expunged regardless of whether the case was dismissed or adjudication was withheld. More dangerous crimes such as murder, aggravated battery, sexual battery, etc., may not be sealed or expunged.
You can only seal or expunge once in your life so if you have done it in the past you do not qualify. If you do qualify you will need to sign an affidavit stating that you have never sealed or expunged your criminal record. You will also have to have your fingerprints taken. In Florida this process can take anywhere from 2-5 months.
The fact that he was sentenced to jail time tells me he was convicted making it very difficult to get the case sealed regardless of the charge.
Also most sexual offense cannot be sealed or expunged regardless of case outcome. It does not seem like he will be able to seal or expunge the case but I would need to know the exact charge to give you a definite answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).