I have a criminal record that has been expunged, yet my record still appears on a website. Sexoffenderrecord.com. I have spent most of my trying to wipe away this offense from my record, the state has done their part by removing me from their website, yet sexoffenderrecord.com list my record. they want a attorney or lawyer to submit a claim for removal, what should I do? this is very damaging to my career and could lose my job if someone stumbles upon this
A co-called "expungement" does not erase your criminal record. It is more properly called a dismissal under Penal Code §1203.4, which has some benefits, but does not seal the record.
After a 1203.4 dismissal, the court adds notations to your court file and criminal history (aka "rap sheet") indicating that the case was dismissed. However, the court file is still a public record, even if the court has a practice of removing cases from their website after a 1203.4 dismissal.
I looked at the website and saw their "takedown" form. You can probably find a local attorney who's willing to submit a request for a minimal fee. However, if the site refuses to remove the listing, you could be facing a long and costly legal battle.
This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship.
It feels like you're promoting that website...
San Diego Criminal Defense Attorney--20 years experience
There's many privacy issues involved here. I spend a considerable amount of time getting people off the web. It's not easy, but it's not impossible. Start soon because it is likely to take a while to get it done. Retain an attorney who does this type of work. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
An expungement, or 1203.4, does not make the record disappear. A background check will still reveal the record. It will say that the charge has been "dismissed in the interests of justice." However, this does not mean it just disappears.
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