Public knowledge

[Sanch43]

What is the name of your state? Colorado. Is it true when you are a sex offender on a misdemeanor 1 that your picture and charge should not be on the internet and public knowledge

 

[quincy]

What is the name of your state? Colorado. Is it true when you are a sex offender on a misdemeanor 1 that your picture and charge should not be on the internet and public knowledge

No. That's not true.

Is information on your 1998 indecent exposure conviction appearing online?

 

[Sanch43]

No. That's not true.

Is information on your 1998 indecent exposure conviction appearing online?

Yes it is but also. Reads as indecent exposure to a minor

 

[quincy]

Where is this appearing online? And why?

Here is a link to your other thread:
https://forum.freeadvice.com/threads/indecent-exposure.649817

 

[Sanch43]

Yes it is appearing online but also says indecent exposure to a minor . My neighbor sent me screen shot from a place called spokeo

 

[quincy]

Yes it is appearing online but also says indecent exposure to a minor . My neighbor sent me screen shot from a place called spokeo

This was what concerned you in your first thread, right? That there was no one under the age of 15 present when you exposed yourself?

I reread the information provided to you in your earlier thread (and you should too) because this was discussed already. In 1998, you could be charged with a Class 2 misdemeanor (exposed yourself to someone under 15) or a Class 3 misdemeanor (no exposure to anyone under 15). In 2003, the age was eliminated and indecent exposure charges were all Class 1 misdemeanors (although other charges under other laws could be charged if someone under 15 was present).

You can request that Spokeo remove any FALSE information published about you. The site might do so on your request or Spokeo might not remove anything without a court order. But if what is published are true records of your arrest, charge, conviction and it is your records that are incorrect, you will need to correct your records first.

I am curious why you haven't tried to have your record expunged. I suggest you consult with an attorney in your area to discuss expungement. Once your criminal conviction has been expunged, it will be easier to get your records removed from any sites that have published them.

Good luck.

 

[Taxing Matters]

I am curious why you haven't tried to have your record expunged. I suggest you consult with an attorney in your area to discuss expungement. Once your criminal conviction has been expunged, it will be easier to get your records removed from any sites that have published them.

While functionally very much the same, Colorado uses two different terms for removing criminal records from public access, expungement and sealing of records. Expungement only applies to juvenile criminal records. For adult records, the person needs to seek sealing of the records. An overview of the Colorado expungement and sealing provisions is provided by the Colorado legislature that may be helpful in wading through the Colorado rules for this.

The problem is that sealing of adult conviction records (other than those in which a diversion agreement was entered into) is limited to drug crime convictions, petty and municipal offenses, crimes committed by victims of human trafficking, and the crime of posting an intimate photograph of a person on the internet. See Colo. Rev. Stat. §§ 24-72-703 through 710.

Even in the case of a diversion agreement, the criminal records cannot be sealed if the offense involved unlawful sexual behavior, as defined in section CRS §16-22-102(9). See CRS § 24-72-702(4)(c). Among the crimes listed as involving unlawful sexual behavior is indecent exposure. CRS § 16-22-102(9)(m).

The bottom line to all this is that adult criminal conviction records for the crime of indecent exposure cannot be sealed in Colorado. Sanch43 may wish to verify that with a Colorado criminal law attorney though rather than taking my word for it, since an assessment of the exact details of his case matter, and his case was 20 years ago.

 

[quincy]

Well that could explain why he hasn't had the record expunged.

If he can't get his records expunged, he will have to work on getting them corrected (if they are, in fact, incorrect).

 

[Taxing Matters]

If he can't get his records expunged, he will have to work on getting them corrected (if they are, in fact, incorrect).

Yes, absolutely. If in fact the crime did not involve a person under age 15 seeing the exposure but the available case information indicates a conviction for that, he certainly will want to get that corrected. People tend to react much more negatively to indecent exposure crimes if a child was involved, and he'd fare better without that connection being made.

 

[quincy]

It would have been far better had Sanch43 worked on correcting his records years ago - but he will want them corrected now if they erroneously show the charge for which he was convicted involved someone under the age of 15.

Sanch43, if you were NOT convicted of exposing yourself to someone under the age of 15, you will need to get a copy of your criminal records and check the agencies and the court involved to find the source of the error.

Good luck.