I am facing arson and this is my first offense will I be able to have it expunged later? 16 Answers as of February 10, 2013

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Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
It depends on the state. If this is California, California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.
Answer Applies to: California
Replied: 2/10/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
A conviction, NO. A not guilty, YES.
Answer Applies to: Georgia
Replied: 2/10/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
There is a possibility as long as it is not a life offense that you get convicted of.
Answer Applies to: Michigan
Replied: 2/7/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
There is no expungment statute in New York state. If you get a criminal record it will last forever and will never be removed.
Answer Applies to: New York
Replied: 2/7/2013
William L. Welch, III Attorney | William L. Welch, III
In Maryland convictions may not be expunged. Only probation before judgment, stet, nolle prosequi may be expunged. It would be extremely rare for a court to grant probation before judgment in an arson case. In fact, it is likely that a person who is found guilty of arson would have a permanent criminal record and have to serve time in prison. An attorney can assist you with evaluating the prosecutions case, any defenses that you might have, in any plea offer that might be made, in order to help you decide whether to plea bargain or go to trial. If you are convicted, an attorney can assist you with mitigation, allocution, and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/6/2013
    Toivonen Law Office | John Toivonen
    Most criminal convictions can be set aside. The only ones that cannot are murder, sex crimes, any crime that carries a life sentence, and traffic violations. The maximum penalty or arson a person's home is 20 years in prison. Therefore, technically it can be set aside. However, you have to apply for a set aside, and if the arson resulted in severe injury to anyone or serious damage to property the Attorney General or prosecutor may oppose it, and then the judge would probably not grant it. I hope that you have an attorney. If you do not, get one now.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Downing Law Firm | George E Downing. Jr.
    Yes it is very possible.
    Answer Applies to: Louisiana
    Replied: 2/6/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I seriously doubt that you will be eligible for any kind of sentence which will NOT result in a permanent conviction on your record. You should be concerned with jail or prison time. Hire a competent criminal defender to represent you in court.
    Answer Applies to: Illinois
    Replied: 2/6/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If you are found not guilty or the case is dismissed. You need a good lawyer representing you on this serious felony charge. You are nowhere near thinking about expunction.
    Answer Applies to: Texas
    Replied: 2/6/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    No, a conviction for arson can not be expunged.
    Answer Applies to: Missouri
    Replied: 2/6/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    They would have to convicted you first. Nebraska does not have expungment, we do set asides and pardons.
    Answer Applies to: Nebraska
    Replied: 2/6/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Instead of worrying about how you can get it expunged, you need to focus on how you can minimize the consequences or even beat the charge. Hire a lawyer before you get duped into a plea that you will regret for life, because you can kiss your career aspirations goodbye if convicted of arson.
    Answer Applies to: California
    Replied: 2/6/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    We no longer have "expungements" in California. If you are granted probation you may be eligible to make a motion under Penal Coe section 1203.4 after successful completion of probation. If you are sent to prison you may pursue a Certificate of Rehabilitation and a Pardon, though those require many years of lawful conduct.
    Answer Applies to: California
    Replied: 2/6/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    New York State does not allow for the expungement of criminal convictions. So if you plead guilty or are found guilty after trial, then that conviction will stay on your permanent record unless New York State changes the current law relating to expungements. This is why you should be very careful when deciding whether to accept a plea with the knowledge that any misdemeanor or felony guilty plea will stay on your record.
    Answer Applies to: New York
    Replied: 2/6/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I don't know enough about your case to say, but it is difficult to have a conviction expunged.
    Answer Applies to: Washington
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will depend on the passage of time and your future activities, perhaps is the best answer that can be offered. Arson is a very serious charge, I certainly hope you have an attorney.
    Answer Applies to: Michigan
    Replied: 2/6/2013
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