Q: I plead no contest to attempted sexual abuse of a child. Can I get my record expunged?
This was after having the first trial be dismissed due to prosecutorial misconduct. I did have to be on the registry for 10 years, that is over. Attempted sexual abuse of a child isn't on the list of charges unable to be expunged. Also is there a law about giving the same prosecutor the case for a second trial? No other prosecutors would take the case. She originally was charging me a first degree felony for accusations that were much less than cases I hear aqbout now getting much lesser sentances.
A:
I cannot foresee a circumstance where you can get a conviction for sexual abuse of a child expunged. If you need further confirmation, I would schedule a consultation with a criminal attorney who specializes in sex crimes (there are a number in SLC). Attempt just gives the Court the discretion to levy a lesser penalty. You are basically being convicted of the offense, there usually is not an actual crime of "attempted ..." There is no law about giving the same prosecutor the case for a second trial. In fact, I believe you will find that is common practice.
Other individuals sentences are irrelevant to the discussion unless you had an argument that you received a harsher sentence due to your inclusion in a protected class. Even in those circumstances, it is a monumental task to get a conviction arrived at by plea agreement thrown out which is what you would have to do to get the conviction off your record.
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