Q: I need my Act 34 clearances for a day care position. I have a felony endangering the welfare of a child? (McKeesport, PA)
A: If you were convicted, no. You will need to find alternative work. If you were not convicted, meaning, the charge was withdrawn, dismissed or you were found not guilty, the arrest record may still exist, and you can expunge it. Then, if expunged you would be eligible.
Q: I provided a false name and then later sucked it up and told them. I went to court for it and was told I had to do community service. I completed my community service, and everything was ok. But on job applications it asks if I have had a misdemeanor before. I’m confused if it shows I have one or not. (Pittsburgh, PA)
A: I suggest that you find out if you pleaded guilty to the crime or were found guilty, and if so what specific crime it was and how it was graded. If “guilty” was entered, you must answer yes if asked if you were ever charged or convicted of a crime. If you were found not guilty or the misdemeanor or felony was dismissed or withdrawn, you would have to answer yes if asked if you were ever charged with a misdemeanor. If asked if you were convicted, you can answer no. If you were not convicted (not guilty, withdrawn, dismissed) of a misdemeanor or felony, the arrest record will nonetheless still exist, and you must pay an attorney to expunge it. Also, certain misdemeanors can be expunged after a certain amount of time passes. I suggest you copy your court documents from the UJS portal website or from the Allegheny County Clerk of Courts and take them to your lawyer. Once you are charged with a crime, that records stays in the system even if the charge is ultimately dismissed, withdrawn or you are found not guilty.
Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)
A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed stand-your-ground world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.
Q: I have never gotten in trouble before, perfectly clean record. No speeding tickets, traffic tickets, or anything. However, the other day I ended up getting picked up for public intoxication. I walked into an apartment building which I initially thought was mine and alarms went off. Once I realized the alarms were going off I stepped outside and sat on the steps and waited. I did not want to make it appear that I was doing anything malicious, so I sat and waited for the police to come. I was completely cooperative and nice to the police. I understood that they were just doing that job and I was making that clear. Looking over my citation, there is no docket number or total due amount. I’m just wondering what exactly this means. Also, is there any possible way that the MDJ could possibly just void the citation? I’m just hoping to keep it off my record. I have done research and I understand that ARD programs could solve this, but I plan on asking about my options at the MDJ and don’t plan on fighting the case. (Brentwood, PA)
A: If you have a pristine record, I can understand your concern. If convicted, this non-traffic summary offense will stay on your record for five years before you can pay an attorney to expunge it. An experienced attorney can guide you on how to get this charge withdrawn. You may have to do something in exchange like community service or a drug and alcohol evaluation. Frankly, if you are so intoxicated that you walked into the wrong building, you may need this. In today’s gun-crazed-stand-your-ground- world, you could have been riddled with bullets from an AR-15. Also, even if this summary citation is withdrawn, you will have to expunge the record of its issuance. Until you do, the records will still exist for all inquiring minds to find. I would try to have it withdrawn instead of burning your ARD card now. It is nice to keep the ARD option for future use, especially if you do not stop drinking.
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.
Q: I was going through the self-checkout line at Walmart and didn’t scan some items a few years ago. This was my first offense and first time EVER getting in trouble with the law. This has since been expunged. Do I have a shot at being a 911 operator and will this show up since it’s expunged? (West Homestead, PA)
A: If your expungement order went through, it should wipe out any trace of your conviction. For example, if you order your criminal history from the PA State Police, it should be clean. However, can anyone promise this? Probably not. It is accepted in Allegheny County that the DA can determine if anyone received ARD on a prior arrest. ARD records are expunged, but somehow the DA keeps this record for presumably for ARD purposes. I would check to see if your expungement was successful by obtaining your criminal history. If it was, apply for the job. If asked about it, be honest. I assume your retail theft was a summary offense for which you were given a citation? You therefore would state that you were issued a citation for retail theft.
Q: My husband just received news that he is facing jail time, fine, etc. for an error he made when filling out the PA Handgun purchasing form 4473. He checked “no” on question 11b & 11c asking if he had a felony or a crime of over 1 year sentencing. He misunderstood the question to begin with and the misdemeanor offense in 2000 that triggered this was served as a probation and ARD program. He was told he would have no criminal record by having the ARD program. Not to mention, form 4473 is directly from 922 Brady act from 1993 (or something like that) which is expired since 93 since FBI established NICS system. This is a trap! He is innocent. He did NOT willfully or intentionally lie on the form. Why would he? He knows that they would find out if he has a record either way. There’s no point in lying! He is our family’s sole provider, he can’t go to jail.
A: The form is inherently confusing as very few people have the PA Crimes Code committed to memory when they fill out the form. I have had some success in defending these when the person has no other criminal record and the police are open to or intelligent enough to understand the confusion generated by the question. What I like about your husband’s facts is that if he received ARD, he was not even convicted! Some counties expunge all criminal arrest records after ARD and some counties do not. Perhaps the county (Dauphin) he received his ARD in did not do so and the arrest record still appeared when they ran the background check. I would look at his file in the courthouse to make sure it was an ARD disposition and order his criminal history from the PA State Police. Also, when you get through getting his charges withdrawn, you will need to expunge his old DUI and his new arrest records. (Pittsburgh, PA)
Q: It was a crazy situation from breaking up with my girlfriend who was 15 and I was 19. Her parents had me charged with statutory rape. Sounds terrible I know and it ruined me from then on. I pleaded no contest and had to do one year probation. Never spent any time in jail either and haven’t even had a parking ticket since then. I want to own a gun to protect my wife and children in our own home. No guns for anyone with any kind of record it seems. Is there a way for me to ever own guns to protect what is mine and keep my family safe?
A: To give you a precise answer, I suggest that you order your criminal history from the PA State Police to determine how the grading of this offense appears in criminal databases. My thought is that 16 years ago it was at least a Misdemeanor 2 and additionally, it would be viewed as a sex crime and/or crime of violence which would make you ineligible for expungement
Q: I have recently been charged with “Careless Driving” and “No Passing Zone”. This is the first time ever I have been guilty of anything. I was never drunk, nor arrested or fingerprinted or anything. The fine came in the mail because at the time cop pulled me over, I couldn’t find my registration. Anyhow, I am a medical student so I was wondering if it would show up on FBI background checks? Would it hinder my employment? This happened in the state of PA.
A: Most traffic offenses, such as these two, are not considered criminal offenses in PA. They will not show up on a criminal record check with the PA State Police. They will show up on a PA driver’s record, but again, they are not crimes. Please be aware that some no passing zone type offenses carry a driver’s license suspension that is not listed on your ticket, and is a separate matter handled administratively by PennDOT. Many times the unsuspecting motorist pleads guilty by mail and sends his or her money in, only to learn weeks later that PennDOT suspended his or her license. I would check to make sure this “No Passing Zone” offense does not involve school zones, school buses, construction sites, and other situations that may trigger such suspension. You should consult with a lawyer about the specific statute citation for which you are charged.
Q: My record was expunged from the county courthouse in September 2013 and I contacted courts.org to remove it from there .I contacted them numerous times and still no response, I am very angry with them do I need to get legal representation.
A: I have no idea what courts.org is but I can tell you this. As with any expungement, even if the Court Order to expunge was mailed out by the Clerk of Courts to all law enforcement agencies, there is a chance that one of the law enforcement agencies didn’t do their job by shredding or deleting the subject records. If you can pinpoint which agency that is, you can contact them and send them a copy of the order. If you are unsure of the source, you can ask the Department of Court Records, Clerk of Courts to re-issue the expungement order.