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Asked about 1 year ago - Denver, CO
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I have been charged with indecent exposure by one man who is pretty much a career felon. In essence I have been falsely accused. He has never shown up for any of the 3 previous court dates and he is currently on a felony run. He stole from his employer and is now still on the lamb as of Friday 5/11/2012. He has not been apprehended and I do not expect him to show up for court this Wednesday 5/16/2012.
This has been going on since last summer can I get these charges expunged because they are considered a sex offender registry statue and this kind of charge effects obtaining employment, securing housing etc. Having this charge on my record would be devastating.
In addition I feel the state has acted in a malicious manner and let these charges hang over my head.
Hello-
When he does not show up to court for an actual trial, you may ask the judge for a dismissal. Usually, if the prosecutor has not been able to obtain personal service on a subpoena, the court will dismiss the case. However, if there is personal service or if the prosecutor can state other "good cause" for a continuance, the trial may be continued. Once the case is dismissed, to "seal" you Colorado arrest record for this incident, you need to file a separate case in the civil division of the district court where the criminal case was filed. You can download the "petition to seal" your criminal arrest record from the Colorado State Courts Homepage, but it is difficult to do it right without a lawyer-not impossible, just difficult. You will at least have to pay a filing fee if you do it on your own. Most lawyers charge less than $1000 for the service.
You need to address getting the case dismissed first and then expungement/sealing of your records second. Indecent exposure (although a misdemeanor) is a conviction that you simply ca not have on your record. As such, you need a good defense attorney first. The alleged victim's felony criminal history can be raised by your attorney to attack his credibility if he does testify as a witness. If he fails to appear on Wednesday, the prosecution likely can not proceed without him and then your case can get dismissed with prejudice. Expect the prosecutor to ask for a continuance and object vehemently to a continuance. You can not do anything about the malicious prosecution from the state, they have partial immunity and can only be sued if they were acting outside the scope of their duties and for personal reasons. If the charges get dropped, at least do a free consultation with an attorney about the sealing of arrest and charges process. As a former judge who presided over sealings, I have seen too many people screw the process up by going it alone without an attorney or without at least legal advice.
Yes, once the case is dismissed - highly likely based on your description - you can file a motion to seal/expunge. I'd be happy to help you if you want to give me a call for a free consultation.
Best regards,
Ken Eichner
www.EichnerLaw.com
303.837.9800
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