Tag Archives: CONVICTION

Is Birchfield being applied retroactively in Allegheny County?

Q: Believe it or not I was convicted of 5 first-time DUIs that occurred in 2012. It was a bad period of my life, mostly due to an insane ex who knew the cops and set me up. Coercion to plead guilty occurred. Is Birchfield applied and in what manner? Can I get a revised sentence or new trial? (Pittsburgh, PA)

A: Forget about it. Birchfield v. North Dakota cut some breaks to many DUI defendants in 2016. The case is only applicable to cases that were pending trial or on direct appeal at the time of the decision in June of 2016. Your offense occurred in 2012 and therefore is not inclusive in the scope of Birchfield.

Can I get a gun in PA with a 30-year old expunged arson conviction in CA?

Q: I was convicted of Arson 30 years ago at age 19. Received 3 years of probation with 1-year jail time. I turned myself in, it was my first offense and I had a good lawyer. I had my record expunged 25 years ago in CA (1203.4). I obtained R.N. license in CA and PA and still practice in PA. I serve as licensed Minister in local church. Will PA grant me license to own and carry? Last employment change to work in hospital had the record on it, with notice of expungement included. (Wexford, PA)

A: Expunged, at least in PA, means that the criminal records have been deleted and destroyed and they should not show on your criminal history. Only certain types of arrest records and conviction records are eligible to be expunged in PA. My advice to you, and for anyone I do expungement work for, is to obtain your criminal history from the PA State Police. If your criminal history shows this crime, then you can begin the inquiry as to why, if it was supposedly expunged. Did the court administration in CA just not send the order to expunge out, or, does PA not acknowledge an expungement of this category of crime from another state when it is not eligible to be expunged in PA. I would have to inquire myself and I would start by obtaining your criminal history. My concern is that because the crime of Arson is not eligible to be expunged in PA, you may have a problem. However, I would inquire before throwing in the proverbial towel.

Is there any way for me to have a gun license after my only conviction for drugs 18 years-ago?

Q: In 1999 when through a divorce, did not know how to accept it. I was introduced to drugs got caught. Now, after 18 years this past is haunting me. This was my first offence and only conviction.

A: It depends if you were convicted, and if you were, if it was an ungraded misdemeanor for possession or a felony for possession with intent to deliver or delivery. I would check your record to confirm what happened when you went to court in 1999.


Will harassment citation stay on my record?

Q: I was found guilty of a citation for harassment and was fined $100 and court cost. Will that go on my record. I worked for this private daycare and I quit after 1 month. And she was trying to hold my check so I told the owner to mail my check or I was going to call the state on her.

A: Yes, if convicted it will be on your record. You can expunge it after 5 years of arrest free behavior. You may consider appealing it if it is within 30 days of the conviction. What you describe really does not sound like harassment to me.