Category Archives: Expungement

Can I get my arrest and conviction out of the news?

Q: In 2015 I was arrested for a domestic violence incident and initially charged with misdemeanor and locked up in the county prison for a week until I posted bail. Later, all the misdemeanor charges were changed to summary offenses and I was sentenced to probation and fines. All these events were covered by our local newspaper, they made this news available in their printed and online editions. The news available on the online edition is highly impacting my reputation. Also, if someone googles my name, the news articles appear on the top 3 search results. I have reached out to the newspaper to remove the internet content, but they are not responding me. I presume the news agency has their rights to cover such news, but it is highly impacting my personal life, reputation and giving me lot of depression. This is my first ever arrest and conviction. I would like to know, if an attorney can help me to get the two years old news off from the news website. Thank you. (Pittsburgh, PA)

A:  The newspaper has a 1st Amendment to print news and editorial. Moreover, this is public information and unfortunately, if the information is accurate and true, publication cannot be stopped. If the newspaper did not subsequently publish that your charges were reduced to summary offenses, then it would be fair for them to print the result, as a correction, which will perhaps lessen the blow to you. The downside is that with a second article, you run the risk of more people seeing it who may not have even seen the first one. What you should know is that you now have an arrest record for all of the misdemeanor charges that you were originally arrested for. You have a right to have these original charges expunged since they were withdrawn and amended to summary offenses. That will make you look better at least on the major criminal data bases. After five years of arrest free behavior you can expunge the summary offenses. Unfortunately, the smaller private, rogue websites out there may have records of the charges that are not expunged. After your expungement goes through you can write to them with the information and demand a correction.

Please Help! Criminal Record Expungement

Q: Seven years-ago I took a plea deal. I was 20 years old and made a horrible mistake. This was the one and only time I ever got in trouble. When I took the deal, no one explained to me I would be in ineligible for expungement. Not my lawyer, not the DA, not the judge. I never would have never taken the deal if I had known this. What are my option? Can I do anything? All advice is greatly appreciated. Thank you in advance. (Carrick, PA)

A: I suggest confirming what crime you pleaded guilty to, so you are certain it is a felony. You can do this by ordering your criminal history from the PA State Police. Under the present state of the law, a felony cannot be expunged. You are well out of your appeal range. You must appeal within thirty days of your sentencing. Or, under the Post-Conviction Relief Act, you have one-year to file. You may want to consult with a criminal appeals attorney, but my thought is that it is too late to challenge the appeal. I know of no law that requires anyone to inform you at the time of your plea that you will be ineligible to expunge. The fact that you are entering a guilty plea to a crime should put you on notice of a conviction, although, I understand what you are saying. I always inform my clients that their conviction will result in a record which they may not be eligible to expunge.