QUESTION
Is there any way to get an arson charge expunged?
Asked on Aug 01st, 2012 on Expungements - Rhode Island
More details to this question:
My friend had an arson charge when he was 18. He is now 40 and facing federal prison. They say due to the arson he is not a candidate for a federal "camp" and instead has to go to a low security. Is there any way to get that arson charge expunged?
12 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 24th, 2013 at 2:40 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry. In Michigan, there is no expungement available based on the facts you present.
Answered on Aug 20th, 2012 at 4:09 PM
Leonard A. Kaanta
You can only expunge one conviction, and must have no other convictions to get an expungment.
Answered on Aug 20th, 2012 at 4:09 PM
You could probably get the arson charge expunged IF no other charges on record. But you've just indicated that he's facing federal time for a federal crime . . . so NO not likely to be expunged now. Even if he were lucky and get the record expunged . . . it only counts for the public . . . not law enforcement records . . . so they would sill be able to use it against him for the federal sentencing. Tell your friend to go "straight" after this.
Answered on Aug 20th, 2012 at 4:08 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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It will be difficult to get this vacated because of the pending charge.
Answered on Aug 20th, 2012 at 4:08 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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Whether it is expunged or not, it remains on his record for purposes of further prosecutions. Expungement only works for criminal history searches for most employment and education opportunities.
Answered on Aug 20th, 2012 at 4:08 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There is no expungement in California law.
Answered on Aug 20th, 2012 at 4:08 PM
If he was convicted of arson as a first degree felony, it cannot be expunged. If it is a lower degree, then depending on his other criminal history it may or may not be eligible for expungement.
Answered on Aug 20th, 2012 at 4:07 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Probably not, no.
Answered on Aug 20th, 2012 at 4:07 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Not if he is facing any new charges.
Answered on Aug 20th, 2012 at 4:07 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Even if the arson conviction was not precluded from being expunged, one cannot expunge a conviction if they have more then one conviction.
Answered on Aug 20th, 2012 at 4:07 PM
Barbara A. Fontaine
I do not know what state you live in, but in Rhode Island you can apply for expungement if more than 10 years have passed with no further criminal charges. I assume that since he is facing prison that he has new criminal charges. You can try, anyhow.
Answered on Aug 20th, 2012 at 4:06 PM