Phoenix, AZ asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri

Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or sealed. Setting aside a conviction acknowledges mitigating circumstances but it remains on your record, while expungement removes it entirely. The process and eligibility for each can differ.

2. Failure to Register is typically a separate offense from the underlying sex offense conviction itself. Even if the original conviction was set aside, you may need to petition separately to have the Failure to Register charge removed.

3. The exact process can depend on the specifics of your case and the statutes under which you were convicted. Consulting with an attorney specializing in sex offender registration issues and post-conviction relief in Missouri is advisable to determine the best approach for your individual situation.

4. You'll likely need to file a petition with the sentencing court explaining the circumstances and why you believe the Failure to Register conviction should be removed in light of the set aside Sexual Misconduct conviction. The court will then review and make a determination.

5. Be aware that sex offenses and registry issues can be very complex to navigate legally. An experienced attorney can advise you on the proper procedures, craft persuasive arguments, and work to obtain the best possible outcome.

I'd strongly suggest speaking with a qualified Missouri attorney to review the full details of your case and advise you on potential next steps for seeking removal of the Failure to Register charge. They can provide guidance tailored to your specific circumstances and goals. Wishing you all the best as you work through this process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.