Can a class 3 Aggrevated Dom. Battery W/weapon 120 days prison and Arson 4 years probation both 1st offense expunged or sealed?
In 2011, I got Class 3 Felony Aggravated Dom. Battery W/weapon 120 days prison and Arson 4 years probation both 1st offense happened all in the same day. 9/24/11. My 2nd husband molested and sodomized 3 of my 4 children from my 1st marriage. I tried to stab him but missed, he cut his thumb on purpose to send me to jail. I burnt my house A lot of Smoke Damage. It's my name only purchased by me only. It's my 1st offense. He also had a No Contact Order on me that I was told was permanent and I found out last week it expired over 6 years ago. I've gotten my B. A. S. S. E. T. Lifetime Certified in 2008, and Certified Training in O. S. H. A. 2010,
A. A. S. In Computer Information Systems in 2003, and my
A. A. S. in Accounting 2001 before this happened now I can't get a decent job and my degrees like my marriage license are worthless pieces of paper.
To my legal knowledge that state felony is neither sealable nor expungeable, yet you are welcome to consult other state sources.
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The only shot you would have is going to lie in clemency. These are typically very expensive. I have handled a few domestic battery cases where clemency was granted and there has to be a very strong reason favoring clemency. In most cases, there must be a large amount of time (15 or so years, typically) before clemency will even be considered.
Mr. Ivaknenko is absolutely correct, it is probably impossible to seal or expunge these without clemency being granted first. That being said, it would be a good idea to sit down with a few attorneys to discuss this further prior to making any decision.
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