Tag Archives: EXPUNGEMENT

Can I erase my criminal record?

Q: Is there any way to erase my criminal record or keep it as lowest profile. It could be for a better future? I had made some bad judgments and wanted a better life for my family. Is there anyone that can help? There are 2 convictions that are ruining my life right now and I’m trying my best to move on with my life but it feels like everywhere I go is blocking my path. If there is anyone who can help please feel free to contact me. Thank you.

A: You can only “erase” prior criminal arrest records for felonies and misdemeanors which you were not found guilty of or pleaded guilty to. You can expunge summary convictions after five years of arrest free behavior has passed. You should obtain your criminal history to determine what it consists of. There may be crimes which you were arrested for but not found guilty of or pleaded guilty to. The arrest record related to those charges may be expunged. Plus, you may have summary convictions and if five years has elapsed, you can expunge them. A good starting point is your criminal history from the PA State Police. If you have trouble obtaining it or understanding it, contact an attorney.

How do I fill out Expungement form 790?

Q: I have an Expungement in Westmoreland County after completing ARD. I received the Petition for Expungement form 790 from the Westmoreland County Clerk of Courts, as they have been helpful in guiding me in filling it out. The one area of the forms says list the reasons for the expungement. What are they looking for? My personal reasons as to how it will improve my job search? My chances with the ladies? Ease of obtaining a job where background checks are performed? Should I just list them or shall I put it in letter form? (Plum Borough, PA)

A:  I feel bad that you are doing an expungement on your own. It is not cardiac surgery, but, at least in Allegheny County, the forms are burdensome. Anyway, I usually just put down something like because the petitioner was adjudicated not guilty, or the charges were withdrawn or dismissed. You are entitled to an expungement when your charges are dismissed or withdrawn or you are found not guilty and have no criminal history. You really don’t need to explain yourself.

CAN I EXPUNGE A SIMPLE ASSAULT ON MY RECORD?

Q: Having trouble getting and job with a simple assault on my record, how do I get it off? I have a simple assault background and really need a job, this happened in the year 2009! Baldwin Borough, PA.

A: You should have an attorney get your criminal history from the PA state police to confirm you were convicted. If you were not convicted, for example if you were found not guilty or the charges were dropped, you can file to expunge, or destroy, all the related records that can still show up on a criminal history search. If you were convicted, you cannot expunge a misdemeanor.

WHAT IS MY PUNISHMENT WITH ARD?

Q: What’s my punishment? I got mixed in with the wrong people and made a dumb move! I stole my grandmothers credit card and used it for $450. I live in Pennsylvania. Charges are in Allegheny County. I’m under ARD consideration. This is my first offense ever. On my court papers its charged as class C misdemeanor.

A: I don’t know what a class C misdemeanor is. If you are guilty or have no defense, Accelerated Rehabilitative Disposition would be a good option for you. With ARD, if you receive it, you will get probation, have to pay costs and fines and may have other conditions, like restitution to the victim and community service. The greatest feature of ARD is that once you complete the program, the DA of Allegheny County will expunge your record. Normally, a defendant has to pay an attorney to do this.

Can I get a media expungement?

Q: I’ve been told that media expungements were different from others. Can someone please tell me how because my attorney said the military will see it?

A: I have never heard of a media expungement and do not know what that is. With how huge the internet is, I don’t know how it would work. I think if a media story is untrue, you could force a retraction printed. You would need an attorney to contact the source of the incorrect information. An expungement is a legal process, whereby you petition the court to destroy your arrest record. To be eligible to do this, you need to have been arrested but not convicted of a crime. If you were convicted of a summary offense and five years of arrest free behavior has passed since the conviction, you can file a petition to expunge and the court will issue an order for all records relating to the arrest to be destroyed-shredded or deleted.

SHOULD I PLEAD GUILTY FOR PUBLIC URINATION?

Q. Can I get a public urination citation expunged? Hello, I’m a 19 year old student attending Penn State University. A couple weekends ago I had too much to drink and while I was in an apartment building, I decided to urinate in the stairwell and in the laundry room and it was all documented on video footage. I just received the citation and plan pleading guilty and paying the fine because I don’t think I can fight it. It’s my first criminal offense besides a speeding ticket. If I remain out of trouble until I turn 21, could I get this charge expunged from my permanent record?

A. If you plead guilty to this or are found guilty, you will have to wait until 5 years of arrest free behavior until you can expunge this conviction. You really should get an attorney. Most of the time, an attorney can help to avoid a conviction for you, being your first offense. You don’t need a conviction on your record for 5 years. It will most assuredly be a negative impact on your schooling and job search.