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Timothy D. Smith
Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 1921
Experience:  In House Counsel for Law Enforcement Agency
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My son was arrested on 2000 for charges of offense against

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My son was arrested on 2000 for charges of sexual offense against his wife. He said he was innocent, went to trial and was convicted. He served 12 years in prison. He is home now, but has to regester as a sexual offender. I don't know if it is everywhere or not, but we live in North Carolina. Here it doesn't matter if the crime was against adult or child they lump them together. What we want to know is can he get the child part off his record? He has been told he can't go to parks, schools, or daycares. Also he can't have anything to do with halloween. Even if he had done what his now ex-wife accused him of it had nothing to do with their children or any child. Thank-you for your help.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Timothy D. Smith replied 9 months ago.

I hope this message finds you well, present circumstances excluded. There are no statutory procedures to have the child issue removed from a conviction status, unfortunately. However, there is one avenue that he could pursue to have any reference to a child sex crime removed. He could file a petition with the court that convicted him to issue an order which clarifies the nature of his conviction. This order would particularly point out that this was not a crime against a minor.

 

The language could approximate something like the following:

 

This court herein orders and affirms that the conviction of XXXXX XXXXX, dated December 1, 2000, was not an offense related to a minor.

 

The issue in North Carolina, and many other states, though is that simple having to register as a sex offender necessarily precludes one from being able to go near schools, parks and daycares. So, even with language that is in an order that may help him with employment issues and the like, he would still be precluded by statute from being in or around those specific areas.

 

North Carolina has a law in place that will allow sex offenders that have been on the registry to petition the court of conviction after 10 years of being on the registry for a reduction in the time they are required to register (which is 30 years otherwise).

 

In summary, you can have a court issue an order that clarifies the offense was not against a minor, however this will not open up areas to which he may travel. However, it may be advantageous to pursue for two reasons: (1) after 10 years it may help him get off the registration list altogether; and (2) in the present time it may help him in acquiring employment if that is an issue.

 

Let me know if you have any additional questions or comments.

 

Best wishes going forward!

Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 1921
Experience: In House Counsel for Law Enforcement Agency
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