removal from SOR

[tommyboy4408]

about 11 years ago I was convicted of attempted 4th degree CSC. as a result I have to register as an offender. Recently I learned that I could have my record sealed and the conviction set aside. So I did just that. The states attorney general didn't take a stance. my local prosecuting attorney didn't take a stance so I was granted the motion to set aside conviction! This was a rewarding day for me and my family as it meant I could finally provide for my wife and three children and not have to worry about being fired because of my record! I recently got a great paying job and we moved to a nice home in a good neighborhood.. then to my amazement I find out that I still have to register even though it has been set aside! now my family and lively hood could be stripped away because of this! Apparently this is so new that even my local prosecutor was unaware that I had to register! I am looking for some advice as to what I can do to get removed from the registry. I find it demoralizing that I can pass a background check but I can still be found on the internet! any advice or direction would be a great help!

 

[Michael Wechsler]

What do you mean by a motion to set aside a conviction? Can you explain? Why were you told that you still had to register?

 

[jharris352]

I can't imagine you still have to register if your conviction was set aside. What State are you in? Don't use so many acronyms CSC and SOR (I had to look them up). Who told you that you still had to register?

 

[tommyboy4408]

about 11 years ago I was convicted of attempted 4th degree CSC. as a result I have to register as an offender. Recently I learned that I could have my record sealed and the conviction set aside. So I did just that. The states attorney general didn't take a stance. my local prosecuting attorney didn't take a stance so I was granted the motion to set aside conviction! This was a rewarding day for me and my family as it meant I could finally provide for my wife and three children and not have to worry about being fired because of my record! I recently got a great paying job and we moved to a nice home in a good neighborhood.. then to my amazement I find out that I still have to register even though it has been set aside! now my family and lively hood could be stripped away because of this! Apparently this is so new that even my local prosecutor was unaware that I had to register! I am looking for some advice as to what I can do to get removed from the registry. I find it demoralizing that I can pass a background check but I can still be found on the internet! any advice or direction would be a great help!

update! this has taken place in michigan. at the bottom of my order to set aside conviction.. it states " pursuant to MCL 780.622, if an order is entered setting aside a conviction of a listed offense as defined in MCL 28.722 of the sex offender registration act, you will still be considered to have been convicted of that offense and you must comply with the registration and reporting of the act." Now from my understanding when a conviction is set aside, that means my record is sealed from the public and only law enforcment has access to it. It doesn't show up on an employment background check.. but all my boss has to do is enter my name in the Sex offender registry and my picture and address pops right up! If local law enforcment wants to keep tabs on me.. I have no issue with that. Only issue I have is that I want to be removed from the public data base. I have spent thousand of dollars gettting this removed and as it turns out it was a waste! any more advice would be awsome.. thanks to those who are trying to help.

 

[jharris352]

I don't know what you did, but this is a consequence of your actions. I'm sorry you can't get away from it. I do believe that SOR is out of control. The SOR should be limited to people deemed as a predatory risk by a Judge. Further I think someone on it should be able to challenge their predatory designation after they have been in counseling or some other rehabilitative treatment. You have little choice but to work to change the laws.

 

[dee_dub]

You spent thousands getting your conviction set aside - I presume you had a lawyer working for you. What does he or she say to this new wrinkle? Is the offense you were convicted of one of the designated offenses under MCL 28.722? Did you make it clear to him or her that your goal was to have your name expunged from the sex offender registry?